Judging Books by Their Covers

They say you shouldn't judge a book by its cover. I feel confident in saying that "they" are authors who were paired by their publishers with really crappy cover jacket artists. We all judge one another. Some people are even lucky enough to make obscene amounts of money doing so. It's why a pair of Jehovah's witnesses asked me, "Are your parents home?" when they knocked on my door about a month or so ago. They judged by my youthful appearance that I was not old enough to own my house.

The courtroom is a place for judging, and I'm not talking about the man or woman in the unflattering robe. The jurors are the true judges in the courtroom. Fair or not, people judge one another by their appearance and their demeanor in addition to their substance. The first impression of someone is mightily important. Don't believe me? Google "Importance of First Impressions" and scan through the over 1.1 million websites devoted to helping you make a good one.

My most memorable first impression in the courtroom comes from before I was even a lawyer. I was a high school student back home in New Bern job shadowing with a local district attorney when a pro se defendant's case was called. The man began walking up to the table dressed in Timberland's, baggy dark blue jeans, and a black Bob Marley t-shirt. Completing his ensemble was a rather large gold chain necklace, attached to which was a rather large gold marijuana leaf (I really can't make this stuff up, I promise). What brought the man to court in the first place? Yep, you guessed it, a charge for possession of a controlled substance. I think everybody in the courtroom that day can sum up our first impression of this man in one word: Guilty.

In every trial preparation session, I always make a point to ask, "what do you plan on wearing?" Sometimes no further conversation on the topic is needed, sometimes I feel I need to call Stacy and Clinton. For the later situations, the trick is to get the client to dress appropriately, but also in a way that fits their personality. I don't want a landscaper to dress like a corporate executive; he'll be uncomfortable and his confidence will be gone. At the same time, I don't want him to dress in a manner that creates false impressions with the jury or shows a disrespect for the seriousness of the courtroom.

If you're facing courtroom testimony anytime soon, how should you dress? The answer is deceptively easy. You should dress comfortably, unpretentiously, and nicely. No matter what your income level or background, you have something in your closet or can find something fairly cheap at your local Wal-mart or Target that fits that description. There is no need for you to dress as if you're going to a State dinner at the White House. You need not rush off to Brooks Brothers and charge a brand new and quite frankly overly expensive suit just for the occasion. This is not a fashion show.

My wife is a big fan of accessories. Her favorite accessories are shoes. Lots, and lots, and lots, and lots, and a lot more shoes. Expensive shoes. I'm actually quite offended Mr. Cole Haan does not send me a Christmas card each year. She also likes designer handbags and jewelry as well. My experience in my fairly short life has been that most women, and even some men, like such things as well. These things are fine in your normal life, but leave them at home if you're a Plaintiff in the courtroom. Sometimes a client will look at me quizzically when I bestow this advice upon them. In turn, I simply ask them what sense at all it makes to walk into a courtroom and ask 12 strangers for money when you look like you already have a million dollars. Trade that Rolex for a Timex.

First impressions do not end with your appearance. I normally know it's time to take a day off or go on vacation when JoDee Messina's song "My Give A Damn's Busted" gets stuck in my head. If yours is busted right before trial, then you better fix it. At the very minimum act like you still care. I've had clients fall asleep and/or just plain look miserable, frustrated, and fed up in the courtroom or an arbitration hearing. The results are usually disasterous for the case. If the jury doesn't think you care about your own case, then why should they care? If they don't think you're a decent person, then why should they champion your cause in the jury room?

First impressions are important in life and we all want to make good ones. In your negligence case, the most critical first impression you can make is with the jury who will be judging you from the moment they sit in that box.

Disclaimer: The views of the author are his own. This post is not intended to convey any specific legal advice upon any specific individual. The author, sensing protest from his wife, would like to immediately state that his beautiful wife is not materialistic and buys most of her fancy things on sale. Of course, "sale" can have a rather loose meaning at Saks. To be fair, the author will state that he owns more Cole Haan shoes than his wife. That makes her mad, but the author's feet happily comfortable. The author refuses to admit that he watches anything called "What Not to Wear" and only knows of Stacy and Clinton because of his wife's obsession with TLC. If credible evidence can be produced showing that he does watch such a show regularly, the author maintains that he does not enjoy it.

Author's Note: Sorry for the long absence, Faithful Readers. My writing has necessarily had to focus on opening and closing statements recently.