Three Quick and Easy Ways to Minimize Nervousness During Trial

by Joe Bodiford

Let’s be honest: standing up in a courtroom and realizing every eye in the room is fixed on you is a special kind of pressure. You are a professional communicator. It's your job to speak on behalf of your clients and ensure that their voices are heard. But what happens if you're too nervous to properly present your client's case?

When you forget what you need to say or if the words get trapped and won't come out, your client suffers. Nervousness can decimate the presentation of your case, turning a brilliant legal strategy into a stuttering mess. But don't worry, you’re not alone. Even the most seasoned litigators get those pre-trial jitters. The difference is that the pros know how to channel that energy. If you apply these three quick and easy tips, you'll minimize the impact of nerves and present your client's case with the strength and passion it deserves.

1. Be Prepared (Like, Actually Prepared)

Lack of preparation is the most common cause of nervousness in the courtroom. It’s that nagging feeling in the back of your mind that says, "Wait, did I find the right caselaw for that hearsay objection?" Nothing will make you more comfortable in the courtroom than knowing you're fully prepared for trial. When it comes to minimizing nervousness in the courtroom, the Boy Scouts still have the best advice: "Be Prepared."

Preparation isn't just about reading your files. It’s about anticipating the "what ifs." Ask yourself:

• Are you prepared?
• Did you bring caselaw to support your position on expected evidentiary issues? (Pro tip: Having an eLEX Evidence Summary Trial Guide tucked into your notebook means you don’t have to rely on memory for the Rules of Evidence).
• Do you have an alternative plan in case one of your witnesses is late to court?
• Do you have a backup presentation plan ready to go if your technical equipment malfunctions?
• Have you rehearsed your case and your presentation until you're confident?

Until you're fully prepared for trial, none of these other tips will be much help to you. Confidence is a byproduct of competence. When you know you have the right advocacy tools at your fingertips, the "fear of the unknown" starts to evaporate.

2. Don't Speak to "The Jury", Speak to One Juror at a Time

Another common cause of nervousness during trial is the fear of public speaking. It’s a classic. In fact, public speaking routinely captures the #1 spot on the list of "Top Ten Fears." Can you believe it even edges out the fear of death and the fear of spiders?

Just because you're a trained communicator doesn't mean you're immune to this. Whether you're talking to a panel of 100 prospective jurors during voir dire or the six or twelve jurors selected to try your case, what you're doing is "public speaking." It's natural to feel uncomfortable speaking to large groups. Yet, you probably feel perfectly at ease speaking to just one person over coffee, don't you?

Here's the secret: Rather than speaking to the entire jury, speak to just one person at a time.

Make eye contact with that person and talk one-on-one with them. Don't hold your eye contact so long that it becomes uncomfortable (nobody wants a staring contest), but just long enough to make a genuine connection. Then, make eye contact with another juror and repeat the process.

Rather than talking to a "group," you'll be carrying on a series of one-on-one conversations. If you talk directly to each person, you'll forget that you're speaking in public, it will feel like you're just having a chat. Not only will this technique help you minimize your nervousness, but it will also help you develop a more personal bond with your jurors. Apply this simple technique, and your presentations will become more personal (and more memorable) to your jurors.

3. Have a Checklist (Because Memory is Fickle)

You've probably heard it said that "the faintest pencil mark is better than the sharpest memory." That's especially true during trial. In trial, the stakes are high, emotions are high, and your mind is racing at breakneck speed. If you were ever going to get nervous and accidentally overlook something, this would be the perfect opportunity.

To ensure that you never lose a case because you omitted an essential element, prepare a checklist of the elements in your case and keep it on top of your trial materials. This is where a high-quality Trial Notebook becomes your best friend.

Here's an example of how a prosecutor might organize a checklist for a simple D.U.I. case:

• [ X ] Identity
• [ ] Venue
• [ X ] Drove (or in actual physical control of) a vehicle
• [ X ] Under influence of alcohol or drugs
• [ X ] To the extent "normal faculties" are impaired

As your witnesses testify to each element, you check it off the list. Before you rest your case, you review the list to ensure that every element has been proven. In the example above, the prosecutor wouldn't want to rest yet because they haven't proven venue. I know dozens of young prosecutors who have lost misdemeanor cases because they forgot to prove venue. Almost without exception, they overlooked it because they were nervous.

A checklist doesn't just keep you organized; it acts as a safety net. It may not eliminate the nervousness entirely, but it certainly prevents that nervousness from sabotaging your case. When you can look down and see those checkmarks, you know you’re on solid ground.

Conclusion: Control the Nerves, Don't Let Them Control You

Understand that it's okay to be nervous. You want to do a good job, and you're concerned about your client, so it's only natural that you'll be a little on edge. With everything that's on the line, it would actually be a bigger problem if you weren't nervous. It means you care.

But don't let your nervousness control you or debilitate your case presentation. Follow these simple tips, over-prepare, speak one-on-one, and use checklists: and you'll be able to control your nervousness, rather than letting it control you.

If you’re looking to sharpen your courtroom skills further, check out the books by Joe Bodiford for more trial advocacy tips that are as practical as they are effective.

Go get 'em.