Closing the Gap: Skills Many Trial Attorneys Overlook

By Larry Silverberg

Trial attorneys are the frontline warriors of the legal world, armed with legal acumen and a passion for justice. Yet, in the pursuit of victory, some crucial skills often slip through the cracks. As we examine the landscape of trial advocacy, it becomes evident that there are key skills many trial attorneys are lacking. Here's a closer look at the areas where improvement can pave the way to unparalleled success in the courtroom.

1. Emotional Intelligence:

Effective trial advocacy extends beyond legal expertise; it requires a deep understanding of human emotions. Many trial attorneys overlook the importance of emotional intelligence in connecting with jurors, witnesses, and even opposing counsel. Cultivating empathy and insight into the emotional nuances of a case can significantly impact how a narrative resonates with the audience.

2. Adaptability:

Legal landscapes are dynamic, and the ability to adapt is crucial for success. Many trial attorneys may find themselves rigid in their approaches, overlooking the need for flexibility. The capacity to pivot strategies in response to unforeseen circumstances or new information is an invaluable asset that can make or break a case.

3. Effective Communication:

While trial attorneys are adept at presenting legal arguments, some struggle with translating complex legal jargon into accessible language for the jury. The skill of simplifying intricate concepts and ensuring clear communication is often overlooked but is essential for fostering jury understanding and engagement.

4. Active Listening:

The courtroom is a battleground of narratives, and active listening is a weapon often underutilized. Some trial attorneys focus on speaking rather than truly hearing. Actively listening to witnesses, opposing counsel, and even the jury can uncover vital insights that might be missed in the fervor of argumentation.

5. Storytelling From the Heart:

Crafting a compelling narrative is an art form that many trial attorneys may not prioritize. A powerful story, told from the heart with great meaning and purpose, can captivate the jury, making legal arguments more relatable and memorable. The ability to weave a persuasive and emotionally resonant story is an often-overlooked skill that distinguishes excellent trial attorneys from the rest.

6. Authenticity and Truly Caring

Qualities that cannot be faked, authenticity, and genuine care for the case and its stakeholders are often overlooked. Jurors and even opposing counsel can sense when an attorney is not authentically invested in the proceedings. Demonstrating a sincere commitment to the case and the individuals involved builds trust and credibility, fostering a more positive courtroom atmosphere.

Closing Thoughts:

While trial attorneys are undoubtedly masters of the law, recognizing and addressing the areas where skills may be lacking will lead to heightened effectiveness in the courtroom.

By prioritizing emotional intelligence, adaptability, effective communication, active listening, storytelling, authenticity and caring, trial attorneys can elevate their advocacy to new heights and secure victories that resonate far beyond the confines of the courtroom.

The skills I talk about in this blog post are the very things I teach in my workshop:  "Heartfelt Persuasion: The Trial Attorney’s Immersion Program”

If this is of interest to you, let's have a chat.