Should a lawyer tell a client how to dress for court, and to threaten to dump that client if the advice is not strictly followed? That was Mike’s question, and the answer should be of interest to anyone facing a day in court — especially readers who use their appearance to make a statement.

“I am trying to get custody of my two boys and the case will go to trial in about two months. My lawyer has threatened to fire me as his client unless I change my appearance. I believe no one has a right to tell me how to dress or if I should display my piercing and tattoos.

“I told him that I was going to ask your feelings about this subject, and that I would do whatever you suggested, Mr. Beaver. This is a free country. What do you think of a lawyer who has the nerve to tell his clients how to live their lives?”

When that e-mail came in, I replied immediately, asking Mike if he had a webcam. Indeed he did, turned it on; giving me a good look at a 32-year-old man I would like to have described as nice looking. But if I did, it would be a fib.

“I’m kind of a rebel,” he proudly told me. But he didn’t have to, as his appearance said it all. Even for me, as a lawyer, the longer I looked at him, the more I imagined a judge giving custody to his wife. While in general, I have nothing against piercing, body art, tattoos, or men with pony tails who feel that shaving once a week makes you look rugged, but when these same men are facing a judge or jury, I do have a name for them. Idiots.

Michael was lucky that his lawyer had the guts to tell him how the cow eats the cabbage.

Attorney Jill P. Rawal practices law in the Los Angeles area and has written on this subject. She has strong feelings about how appearance can influence the outcome of a case.

“It is absolutely critical for a lawyer to advise clients what to wear and what not to wear in court,” Attorney Rawal believes, “especially in family law or criminal matters.”

“Credibility is influenced by appearance. The ability to be listened to, and taken seriously should not be interfered with by distractions. For example, I recently witnessed a defendant representing herself in a custody case, dressed up literally like a clown. If you remember the character Mimi from the Drew Carey Show, she looked just like her, frosty-blue eye shadow, pink lipstick and way too much blush.”

“The judge was clearly trying not to laugh. In struggling to keep his composure, he spent a great deal of time staring at paperwork on his desk, to avoid looking at the woman. There were audible sounds of people snickering behind her back. If it were not so tragic, it would been funny.”

So what should you not wear to court? Are there any general guidelines for appropriate dress and behavior while waiting for your case to be called? Attorney Rawal offers these valuable suggestions.

“For women, anything too revealing is a definite no no. A low cut top, very short skirt, or anything see through is dangerous. Let’s say it is case in which allegations of child sexual abuse have been made. If you are the defendant and are truly innocent of these charges, by dressing in a sexually inappropriate manner, ask yourself just what kind of message am I sending?

“Even if the facts may not suggest abuse, the judge or jury is more likely to think that you may have done something wrong if they feel your behavior and dress in court is transmitting a different message. We all know the old saying about not being able to read a book by its cover — well, here, that cover — your appearance — becomes the book.”

I asked the attorney about visible tattoos. Her response was consistent with her views of piercing.

“Tattoos should be covered up to the extent that it is reasonable to do so. For example, if men have full arm tattoos, I suggest they wear a long sleeve shirt. Again, this is not the time or place to argue your rights under the U.S. Constitution. You can do that all you want if you’re out of jail.

“Color of clothing is also important, and frequently not considered. All black or all white should be avoided. Earth-tones, muted colors, nothing too bright — that’s the number one requirement. Bright sequins, neon colors, or jackets with team names need to be left at home.”

There is a popular belief that if a man will be testifying in court, he should dress up in a suit. The problem is if you do not usually wear a suit and tie, chances are that you will not be comfortable. “This applies to women as well. If you are a jeans and T-shirt kind of girl, and you try to wear a buttoned up blazer, a proper skirt and high heels, it won’t work. You will seem uncomfortable, and out of place,” she points out.

I asked her view of wearing jeans in court? Is that too casual?

“Certainly you can wear jeans, but this depends upon the city where you live and clothing standards.”

Next week a look at how your demeanor — behavior — can influence the outcome of your case.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How important is your appearance in court? Part 1 appeared first on Dennis Beaver.

“I work for a business strategy firm that encourages input from employees on ways of expanding our menu of services. Every few months we have ‘Pizza and Proposals Day,’ where employees are encouraged to pitch new marketing programs.

“After lunch we listen to presentations from colleagues; some, well-researched, feasible — while others, poorly thought out, damaging the employee’s credibility and their tenure. I have a couple of good ideas but do not want to make a fool of myself. Do you know of a guide, video, anything that would help me? Thanks, ‘Don.’”

Avoiding the Wrong Steps Enhances your Chances

Don’s question came in at the right time as I had just concluded an interview with Ray Sheen —author of the HBR Guide to Building Your Business Case: Tell a Compelling Story, Identify Stakeholders, Analyze Risk and Return.

In reading this excellent, by-the-numbers approach to turning a proposal into reality, it became clear that Ray understands the mechanics of reaching and persuading an audience of in-house decision makers to come on board with an idea developed by a colleague.

He is president of product and process innovation based in Greenville South Carolina. His firm trains and consults in the areas of technology deployment, and digital transformation. He is also an adjunct professor of business at the Southern New Hampshire University. With a BS in mechanical engineering from the U.S. Air Force Academy, a master’s in astronautical engineering from MIT, Ray Sheen is one of the most interesting people I’ve had the pleasure of interviewing this year.

Don’t Do It the Wrong Way

I asked him to set out what must be avoided if that new idea or concept is to have a real chance of acceptance.

1 – Fail to know your audience. Assume they will understand what you are talking about.

Consequences: Without explaining what parts of the business are being impacted and how your idea will make money – it will neither be understood by decision makers nor approved. So, find out who sits on the review board, and their level of education, experience and responsibility in the area you are discussing.

2 – Fail to know management’s hot button issue.

Consequences: What is the major strategic initiative they are working on right now? Popular ones today are: Sustainability, ESG (Environmental Social Governance) and Supply Chains. If your proposal impacts one of these, they will be interested, and if it does not, they might not.

3 – Fail to explain the results of both doing/not doing the project in financial terms:

Consequences: If they don’t see a negative consequence to idly standing by and doing nothing, they will take on some other project, not yours. Always keep in mind that money is the language of business.

4 – Fail to present your proposal as a story that you live!

Consequences: Numbers alone will put them to sleep! An audience wants the speaker to live the presentation! A good story helps them capture and experience your vision of what the opportunity will create.

5 – Fail to verify the accuracy and consistency of the information presented.

Consequences: If you tell them on page one that the project costs $1 million, and then on page 10, the figure jumps to $5 million, you have just destroyed any trust the decision makers have in you! So, a third party should proofread your material, as we become blind to our typos and other errors.

6 – When developing handouts, keep them vague so that unless the person has attended your presentation, they will be unable to reach a conclusion as to the project’s desirability.

Remedy: Be sure that even without attending the presentation, your ideas can be followed using the written material alone.

7 – When there are multiple options, fail to tell your audience the ones that you prefer.

Consequences: They will question your ability to make decisions! Always remember that when you step into the role of advocating a business case, your credibility is on the line.

8 – Be unprepared for either a Yes or a No.

Consequences: If they say “yes,” are you ready – and can you describe the next step? If you are not prepared for “what‘s next” the proposal may be approved but doesn’t get off the ground.

If they say no, then at some convenient time, approach a decision maker and ask for their feedback. Be polite! Make it clear that you care about the organization.

Possibly they do not trust the numbers or your plans for implementation were not well presented. They may love the idea but can’t say yes because they don’t have confidence in the implementation. If you do not have a well-thought out plan, then you come across as a dreamer, not a doer.

9 – Fail to anticipate questions.

Consequences: This undermines confidence in your ability to run the project or implement the solution. You lose face. It can put your job at risk.

10 – Fib! Make stuff up!

Consequences: You have destroyed your credibility. Once senior managers determine that you lie, you will never receive significant responsibility. You can’t be trusted.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How not to sell your business idea in-house appeared first on Dennis Beaver.

Last week we looked at the ways in which personal appearance — clothing, tattoos, piercings — have the potential to influence the outcome of your case. Today, we’ll look at behavior, how exhibiting the right behavior can improve your chances of winning in court.

Testifying is understandably a nervous experience for many people. However, a courthouse is not the only place where the average person will be involved with our legal system. Unemployment insurance hearings, labor commissioner issues, Social Security disability matters, traffic and small claims court are all examples where, generally, lawyers are not involved, where the parties represent themselves.

In fact, if you have your own lawyer or will be representing yourself, it’s knowing what not to do that can easily contribute to improving your chances of a favorable outcome.

“Proving your case, is much more than having the facts on your side,” Hanford attorney Ron Jones maintains. “Witness credibility has an enormous impact on how facts are viewed,” he added.

“Credibility is only enhanced by mature, serious, respectful behavior. The judge is going to be positively impressed by issue-oriented, adult-like, professional behavior,” he strongly believes.

As in most things, preparation is the key to success. In law, it is critical. Attorney Jones offers these sound recommendations:

“It is so important to understand your case. This seems obvious, but without a clear picture of the facts and what you’ll need to prove the case, then failure is almost guaranteed. Early in their career, young lawyers often learn this truth the hard way. If you are representing yourself — especially if it is Superior Court — then you will be held to the standard of a lawyer. Don’t expect pity from the judge if you arrive poorly prepared, without witnesses or documentary evidence you feel is important.

“If there are documents that you plan to show the judge, have three sets prepared; one for the court, one for the opposing side and one for yourself. Use plastic sheet protectors for each document. If there are many pages, consider a small binder with a table of contents. This reveals consideration for the judge — and will be appreciated.

“Well in advance of court, meet with your witnesses, review the facts, take notes on who could honestly testify to what, and be sure they all know when to come to court. It is generally a good idea to subpoena your witnesses, even those who promise to appear voluntarily.”

It is important to understand that even before you testify, while waiting for your case to be called, the judge might be in the early stages of forming an opinion about you.

As one Northern California judge told me, “The best advice I can give anyone waiting for their case to be called is to not attract my attention through juvenile or sarcastic behavior. Never forget that judges react to what happens in the courtroom, and quite independent of the facts of a case, we can influenced on some level, by the behavior of parties and witnesses.”

Los Angeles-based attorney Jill Rawal agrees with that statement. She writes extensively on manner of dress and behavior, telling her clients, “No matter how upset or worried you are, before walking into the courthouse, take a deep breath, slow down, calm down.”

Experienced trial lawyers and judges will tell you that facts alone do not “win” the case. Rather, “It’s a combination of facts and the credibility of parties and witnesses. Where judges have latitude to go in either direction, it’s that gut level issue of belief that is so often the deciding factor,” my Northern California judge friend acknowledged.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post It’s your day in court – Part 2 appeared first on Dennis Beaver.

In our last two articles, we looked at how appearance and behavior can have a powerful influence on the most critical element in any case: Credibility. We can have great facts; all of our ducks lined up in a row, but if a judge or jury does not believe us or our witnesses, then the case is lost.

This time, we’ll take a good look at testimony — at ways of making your testimony more effective. As you’ll see, those things which get us to vote for a candidate also influence the decision of a jury. But first, a question:

Research in Psychology and Communication Studies consistently proves what we know from the real world: A judge or jury will believe a witness if (1) that person seems trustworthy; (2) has a good grasp of the facts; (3) is able to clearly communicate; and, (4) does not appear biased or prejudiced for or against one side or the other.

“I tell my clients to think of a trial very much like the classroom,” Attorney James Faulkner told me. He has “lived” in the courtroom for much of his 30 years as a trial lawyer in Southern California.

“The judge or jury expects witnesses to educate them as to what happened that brought everyone together, today, into the courtroom. This applies just as much to the average person who saw the auto accident, as to the expert witness who testifies as to how the accident occurred.”

Mr. Faulkner was quick to point out that while on the witness stand, “There are a number of witness behaviors which can boost their credibility, and many which will only serve to create doubt.”

“Remember, a jury or judge is an audience, one with an important role, but still, a real audience. Doubt in the minds of a juror is created by those very same things which annoy any audience: Verbal and non-verbal behavior which says, “I’m not real sure about what I am telling you!”

If ever there was a time for a client “to pay attention to how they look, sound and behave, it is when they are on the witness stand,” Faulkner stressed.

“All of us — from the average person to experienced trial judge — tend to give less credibility to people who have what is called powerless speech. This is a speaking style loaded with expressions like: um, uh, I believe, maybe, kind of, I’m not sure, often combined with non-verbal communications that injects real doubt, such as looking downward, at the floor, in other words, appearing evasive.

“Another example of powerless speech is where the witness makes a statement, but the way in which they speak makes it appear they are asking a question, with a rising inflection. For example, the statement, I saw him standing at the door with a gun in his right hand may sound as if there is a real question as to the presence of a gun in the first place. This can be very damaging,” Mr. Faulkner points out.

“Now, it is true that from some parts of America, a rising inflection is part of the speech pattern, like an accent. In these cases, it is important to let the jury know your client normally sounds that way, and is not unsure of what he or she is stating.

“Non-verbal behavior will have a positive or negative influence on how a jury perceives the witness. The more up-tight, looking down, avoiding eye contact with the jurors, judge or lawyers, gestures which suggest weaknesses — all of this hurts a witness.

“Communication research — using test juries — also has zeroed in on the rate of speech — how fast we speak as having an influence on credibility. If a witness has a pleasant, conversational delivery, and speaks at a normal, easy to understand speed, this helps credibility. Speak as if you drank two pots of coffee — bouncing off the walls — this isn’t good,” he underscored.

California is the most ethnically and culturally diverse place on the planet. It is common to have a trial in which witnesses from many different nations, cultures and religions will be somehow involved.

It is critical that a trial lawyer understand that what is viewed as respect in one culture can be seen as evasiveness and dishonesty by another.

The veteran attorney had this concluding piece of advice for anyone who will be testifying:

“You need to be prepared to testify. If you have a lawyer, then it is important to meet well in advance and review the facts. No amount of polish can replace a failure to understand or recall the facts. Testifying is serious business. Take the time necessary to know your case, and speak from the witness stand the way that you would like to hear a witness testify.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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