Recently I picked up a book written by a “body language expert” who primarily works in the legal field. She talked about how she intently watches potential jurors, looking for tapping feet, clasping or unclasping of hands, crossed arms and the like. She even goes as far as to use her sense of smell: as jurors walk in she tries to pick up perfume or body odor.
Really?
I work with a lot of trial attorneys, and I can say, without hesitation, that of ALL of the things lawyers have to do and think about during trial, “smelling jurors” is not at the top of the list.
And yet, I get it. There is a deep seated need to put our hands on some sort of a “formula” that can, if not guarantee us results, at least predispose them in our favor.
The number one thing a trial attorney needs in court (or anyone looking to improve their communication, really) is the ability to adapt in the moment. And therein lies the problem: when we buy into a “formula” we stop being aware, and it all goes downhill.
It feels “safer” to believe that there’s only one way to conduct voir dire, opening statements or cross examination, but the truth of the matter is, (as Rick Friedman points out in his book On Becoming a Trial Lawyer) if you’re looking for safety, you’re in the wrong profession.
Increase your nonverbal intelligence and you’ll increase your success in the courtroom or anywhere else. Why nonverbal communication? Because it’s observable. If you want to get good at adapting to your circumstances, you have to be aware of what’s going on around you. To do that, you need to be able to observe something.
And no, it’s not random body language or body odor. (May I just register my creeped-outness here?) I’m not suggesting you watch other people’s body language and hallucinate (because that’s really what you’ll end up doing) about what they might be thinking or feeling. What I am suggesting is that you start to notice, as I mentioned in my last blog, how people are responding to what you’re doing, and adapt your communication based on that information.
What someone’s body odor communicates–outside of the fact that they might need to take a shower–is beyond me, but smell away, if you must.
On second thought, please don’t.





