Podcast - Voice and Delivery
In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the crucial role of confidence and conviction in persuading a jury, highlighting the fine balance between appearing confident and being arrogant. Mr. Small imparts valuable advice to inexperienced lawyers on handling nervousness, from meticulous preparation to recognizing and dealing with its symptoms. He also explores the importance of expressing conviction in delivery through describing two types of voices: the low-key, matter-of-fact voice and the forceful, yet controlled, voice. His tips provide actionable guidance for new lawyers to enhance their courtroom presence and become more proficient in trial practice.
Listen to more episodes of The Trial Lawyer's Handbook here.
Mr. Small is also the author of the new American Bar Association (ABA) book Lessons Learned from a Life on Trial: Landmark Cases from a Veteran Litigator and What They Can Teach Trial Lawyers.
What you say in a courtroom is important, but so is how you say it. Your delivery, no less than the content, should help persuade the jury.
First, have confidence and conviction. A trial lawyer needs to appear confident in order to persuade. Note that I said confident, not cocky, not arrogant. Confidence, like laughter, is contagious. It will spread to your client, your witnesses and even the judge and the jury. But if the jury senses that you don't have confidence in what you're doing, it will undermine everything you're trying to achieve.
Inexperienced lawyers usually are quite nervous or even terrified at first. For many lawyers, the terror never really goes away. How can you possibly appear confident under such circumstances?
First, start by being prepared. The better prepared you are, the less likely you are to be nervous, and the more likely it is that your nerves will settle down once you get going.
Second, showing a little bit of nervousness, particularly at the very beginning of trial, and particularly for young lawyers, is no big deal. It may even help you with the jury. Over time, you'll find a way to calm down or at least mask your fear.
Third, I always tell people, don't be nervous about being nervous. Deal with the symptoms, not the disease. You can't will yourself to not be nervous. But you can will yourself to deal with the things you do when you are nervous. Whatever it is, think about it. What do you do when you're nervous? Do you talk too fast? Great. Put in your notes to slow down. Do you walk around too much? Pace back and forth? Grab a hold of something and hang on for dear life. Don't be nervous about being nervous. Deal with the symptoms, not the disease.
Confidence alone is not enough. Of course, it's difficult, if not impossible, to persuade a jury unless your words carry the force of your convictions. Say it like you mean it. Your delivery should convey your belief that what you're saying is true. If you don't really believe it, why should the jury? Even little things can betray a lack of conviction. For example. Don't say things like,
"Well, I submit to you that he was speeding."
or,
"Well, the weight of the evidence suggests that he was speeding."
If you believe it and the evidence is there, just say it: "He was speeding."
Your delivery has to be calibrated to match the issues in dispute. A delivery that is suitable in one context:
"I represent a defendant who is wrongly accused of murder."
Would be overwrought in another context:
"This utility company overcharged on its normal rate structure. By accident, but it cost my client a lot of money."
Still, the basic principle remains the same. If you don't believe it, no one else will.
Remember the two basic voices. Every trial lawyer has to develop their own voice in order to be effective in the courtroom. The term "voice" in this context doesn't just mean the pitch of the sounds made by your vocal cords. You have little choice as to whether you have a high soprano or a rich baritone or a rumbling bass. Rather, the term is used in this broader sense, a combination of tone, volume and other characteristics that together make up your spoken delivery. As to those issues, you have a great deal of choice. While there are multiple variations, there are two basic types of courtroom voice: low-key, matter-of-fact and forceful but controlled.
The low-key, matter-of-fact voice, a somewhat amplified version of a normal conversational voice. It's particularly useful in direct examination. Its principal advantages are:
- It's easy to listen to.
- It rarely grates on or annoys listeners.
- It conveys a sense that you're just setting forth the facts.
- The facts speak for themselves and there's no need to argue about it.
- It puts more emphasis on the witness and less on the lawyer, which, after all, is the point in direct examination.
- And it wears well over the course of a long trial.
Note that "low-key" is not the same as boring or soft or monotonous or ponderous. Make sure your voice is expressive and interesting, no matter how low-key the presentation.
The forceful but controlled voice is more amplified and more powerful than a normal voice. It's the classic voice of cross-examinations in Hollywood courtroom dramas. Its principal advantages are:
- It commands attention.
- It conveys a sense of power and control.
- It conveys drama and emotion.
Note that forceful but controlled is not the same as angry or loud or blustery or, particularly, bullying. Make sure your voice is under control. An examination or argument can quickly go off the rails if it's overwrought.
New lawyers often struggle with developing their courtroom voices. The more forceful voice in particular is not natural for most people, and it has to be learned. Fortunately, there are many models to follow. Both real life and cinematic and even a modest amount of training and practice can go a very long way. Regardless of the voice you use, remember that you have to be in command of the room, and it's usually a pretty big room. Show confidence, have conviction and find your voice.