Be Wonder Woman or Superman: Court Confidence
Be Wonder Woman or SuperMan!
Even if you don’t realize it, your body language can influence your self-confidence and others perception of you, especially in the courtroom. Before a deposition or giving testimony, think about how you can use “Power Poses” to your advantage.
What are “Power Poses”? As I suggested, standing with your hands on your hips, ala Wonder Woman or SuperMan; the Victory, where you raise your hands above your head in a V; the Speaker, where you put your feet on your desk and lean back with your hands behind your head (this one is better for when you’re alone on a call and are trying to assert yourself or trying to overcome anxiety on the phone); or the Lean In, where you lean toward your audience and support yourself on the podium or on a surface, which brings you closer to the audience and shows that you are in command and confident. Another pose that works when you are alone is the Sun Salute, in which you stand, almost like a yoga pose, with your feet planted flat, your chest toward the sky, your chin up and your arms stretched wide. Pair the Sun Salute with mindful breathing and you are ready to take on any challenge. Finally, the Presenter, where you think of yourself as a TV show host delivering letters to excited contestants--express confidence and excitement for the information you are giving to the room.
What if you don’t feel confident enough to do any of these in the room? Research has shown that standing in a Power Pose, like the Wonder Woman/SuperMan for sixty to ninety seconds prior to the stressful event can significantly increase your confidence. So go into the bathroom, lock the stall, and get some confidence. No one will know, and even if you feel silly in the moment, research suggests that “Power Poses” not only impact others' perceptions of you, but also trigger hormonal changes that increase testosterone and reduce cortisol, which can boost feelings of power and reduce stress.
In addition to these poses, pay attention to how your body language might be perceived by others to avoid signaling insecurity or submission. Think about how politicians stand or sit when they are on television – they take up space. Claim your own physical space by standing tall and avoiding closed-off postures like crossing your arms. Even if you are nervous, avoid biting your nails, repetitive nervous gestures like pulling or playing with your hair, and tapping your feet. If you feel the need to fidget, you can get a fidget ring, hold a small fidget device, or even hold a smooth rock. These small distractions should help soothe your nerves without distracting from your physical presence.
By consciously adopting confident body language before high-pressure courtroom appearances, whether it be a deposition or giving testimony, you can influence how others perceive you. Whether you’re in a bathroom stall prepping with a Wonder Woman stance or standing tall in front of an audience, remember that your body language can unlock your inner strength. So, claim your space and take on any challenge with Court Confidence.
Prepare Clients for Virtual Hearings: Court Confidence
Since the pandemic, technology has transformed how we handle cases, making it essential to get your clients fully prepared for this new virtual landscape. Whether your client is tech-savvy or a complete novice, it’s your job as their attorney to walk them through the process, ensuring they’re ready to take on their virtual hearing with confidence.
1. Confirm the Platform and Format of the Hearing
Although at the beginning of the pandemic some hearings were exclusively held online, some of those hearings are now shifting back to in-person proceedings. Check with the Court to confirm whether Zoom, WebEx or Microsoft Teams will be used for the hearing or if the case will be heard in person. Test the link to the hearing, typically found on the Rule Nisi, prior to the hearing date, and encourage your client to take the time to familiarize themselves with the hearing platform.
2. Ensure Technical Equipment and Connectivity Are Ready
The most common issues with virtual hearings are technical difficulties such as poor internet connectivity, microphone issues, and camera malfunctions. Make sure that your client has a reliable internet connection and strongly discourage them from using their phone or iPad. Viewing evidence on a phone is extremely difficult, and clients often cannot do so and testify while using a phone. A wired connection, if possible, is best; however, if your client only has access to a wireless connection, make sure that they close all non-essential applications and other distracting programs during their trial. Prior to the hearing, log on and ask your client to test his or her microphone, camera, and make sure that they know how to mute and un-mute themselves.
3. Choose an Appropriate Location
A quiet, private, and well-lit space is essential for a successful virtual hearing. Distractions, background noise, and poor lighting can be distracting and can affect how your client’s case is perceived. If your client can be present in your office, you may want to request that they attend the hearing with you. Remind your client that it is not appropriate to appear from their vehicle, their bedroom or their bathroom, and that they should be in a private, well lit and quiet space. You may want to encourage your client to test using a virtual background prior to the hearing in order to remove any additional concerns about clutter or distracting views.
4. Prepare Your Client Mentally and Emotionally
Virtual hearings can feel less personal than traditional hearings, and this often causes anxiety and confusion for clients. Preparing your client emotionally is just as important as preparing them technically for the online proceedings. Explain the process to your client beforehand and walk them through how the virtual hearing will unfold, including the order of events, how the judge will communicate with all individuals involved, and the rules for speaking. Remind your client that they can ask for clarification if they cannot understand or hear what is being asked, and that regardless of what is being said, they must appear calm and composed. Even more than an in-person hearing, the judge is able to view their expressions and reactions and draw conclusions from what is being conveyed non-verbally. Make sure to have your client’s cell phone or email available so that you can communicate with them outside of the virtual chat. Your client may try to use the group chat function to communicate with you, or to speak out when others are speaking, thus caution them to write to you discreetly so that the communication remains confidential and they avoid unwanted outbursts or communicating directly with the court.
5. Review the Case and Key Documents
Ensure that your client has electronic and/or physical copies of all documents they may need for the hearing and use a secure platform like Dropbox or ShareFile to share these materials to ensure confidentiality. Help your client organize their documents in advance, so they know exactly where to find what they need if the judge or opposing counsel asks them to refer to specific exhibits during the hearing. Review key arguments, objections, or questions with your client. If you have the opportunity, hold a mock hearing with the client so that they are aware of the limitations and advantages of an online hearing.
6. Dress Professionally
Just because a hearing is virtual that does not excuse your client from dressing for the occasion. Advise your client to wear business/professional attire and remind clients that there are situations where they may be seen standing or moving so their entire outfit may be seen. Encourage your client to avoid wearing bright colors or anything that may be distracting including text or graphics. Solid colors often work best on camera as plaids, checks, or stripes tend to “strobe” on camera and can be distracting as well.
7. Explain Virtual Courtroom Etiquette
Just like in a physical courtroom, virtual hearings require participants to follow certain decorum. This includes respecting the court’s rules, not interrupting others, and avoiding unnecessary distractions. Advise your client to keep their microphone muted unless they are speaking. Remind your client to speak directly into the microphone, speak clearly, at an even pace, and at an appropriate volume. Since virtual hearings lack in-person interactions, clear verbal communication is crucial. Instruct your client to refer to the judge as “Your Honor” and to wait for permission before speaking. No matter what is said, your client should avoid interrupting the judge, opposing counsel, or any witnesses.
8. Plan for Technical Issues
Despite the best preparations, technical issues can sometimes arise. Help your client understand how to address common problems without panicking. Discuss with your client what to do if their internet connection fails or their device malfunctions during the hearing. Make sure they know how to contact you or your team immediately if they need help.
Conclusion
Preparing your client for a virtual hearing requires a combination of technical preparation, emotional guidance, and courtroom etiquette. With the right guidance, your client will be ready to face the virtual courtroom with confidence and professionalism.