During Trial, You’re Never Off Stage

We heard a funny story recently about a personal-injury plaintiff who lost his case because a juror saw him running across the street in the morning before court when he supposedly could only walk with a cane.  It’s the kind of courtroom gold lawyers hope to find when they hire a private detective to tail someone from the other side. 

But it’s worth remembering these revelations can go both ways, and jurors are watching the lawyers during trial as closely as they’re watching the parties.  Once you leave your house to head to the courtroom that first day of trial, you’re never off stage.

Case in point: One of the best trial lawyers we know told us about the time he tried a case out of state against local counsel and brought his suitcase into the courtroom because he had a flight to catch.  Opposing counsel spotted the offending luggage and later accused him of being a carpetbagger right in front of the jury.  Our friend won that trial, but he hasn’t brought his luggage to court since.

Of course, every lawyer worth his salt knows all eyes are on him once he sets foot in the courtroom, or even in the hallway outside.  But what about in the parking lot?  You might want to think twice about cutting someone off for a parking space in the courthouse lot, because that person could be your foreman.  And it would be a good idea to lay off the gas pedal since it could be a juror you’re tailgating.

These days, you’ve got the virtual world to worry about as well.  A survey we conducted last year found 72 percent of jury-eligible Americans believe it is acceptable for empaneled jurors to do Internet research related to a case they are hearing, and you and your associates’ Facebook profiles could very well be among their destinations. 

You’ve likely counseled the younger lawyers in your office not to post pictures of themselves partying or behaving poorly to the public part of their Facebook profiles – and if you haven’t, you should – but have you thought about the impression jurors could take away from a photo of you and your brand-new sailboat on vacation in the Bahamas?  If you’ve made a lot of money through your work, good for you – but jurors don’t need to know that.  Your best bet is to set your profile (including your profile photos!) to “private” so inquisitive jurors have nothing to find.

The same goes for your clients – tell them to make sure their Facebook profiles and other social media are set to “private,” and ask them to drive the family minivan to court rather than the Tesla.  You never know who’s watching and what their biases are.

You may not even realize what information about you and your clients is there for the world – and jurors – to see.  If you’d like us to conduct a social media audit and help you put your best foot forward ahead of your next trial, contact Senior Vice President Claire Luna at 714-754-1010 or cluna@juryimpact.net.