Humor Can Smell Funny in the Courtroom

Don West, the lawyer for defendant George Zimmerman in the Trayvon Martin case, made headlines last week for telling a joke during his opening that fell flat.  After a lengthy buildup that was almost as awkward as what followed, the joke went like this:

“Knock knock.”

“Who’s there?”

“George Zimmerman.”

“George Zimmerman, who?”

“All right, good.  You’re on the jury.”

The response to his punchline?  Chirping crickets and rolling  tumbleweeds.  (Check it out on YouTube to get an idea of just how awkward it really was: https://www.youtube.com/watch?v=cykCfynh36s).  If Mr.  West had talked to us beforehand, we could have told him that this joke – or any joke – was a bad idea.

We’ve long said humor in the courtroom is a risky proposition, and a survey we conducted recently bears this out.  Asked what qualities would make them like an attorney during trial, only 16 percent chose humor – even fewer than the percentage who prioritized “looks and appearance.”  (Years of experience and manners/demeanor were tops, at more than 60 percent each.)

Trials, whether criminal and civil, are serious business, and jurors know that.  Even though they may be bored to tears at times during a trial, jurors are not there to be entertained, and they typically don’t appreciate you wasting their time with lame jokes – or even good ones.

That’s not to say you need to be dour and somber for the whole trial.  Moments of levity arise during most trials, and it’s okay to acknowledge them with a smile or a chuckle.  But let them arise

organically rather than trying to create them.

You should also be genial and friendly with witnesses, and jurors have told us time and time again during post-trial exit interviews that they appreciate lawyers who are pleasant and dislike ones who aren’t.  That said, the number one most desirable trait in an attorney, as jurors have told us during hundreds of actual post-trial exit interviews, is a professional demeanor.

Our analysts have watched hundreds of openings and closings delivered by many different types of attorneys.  As a valued client, we’d be happy to watch or listen to you practice your opening or closing by phone or video chat and give you a critique of whether you’re hitting the right note.  Contact Senior Vice President Claire Luna at cluna@juryimpact.net if you’d like to set up a practice run.