Archive for ‘attire’

April 15, 2011

An Experiment on Jurors’ Perceptions of Women Advocates

by Angela N. Johnson

Cartoon by Stu's Views

This article reports on an experiment conducted at a program sponsored by the ABA’s Woman Advocate Committee entitled “He Said/She Said: Jurors’ Perceptions of Women Advocates.” The program was designed to test the reactions of male and female mock jurors during two 10 minute closing arguments, both made by women attorneys using contrasting presentation styles (one aggressive, the other more fact specific).  The results were analyzed based on the jurors deliberations and careful post-experiment questioning.

Interestingly, the survey revealed that male jurors liked the aggressive approach.  Some of the women, on the other hand, viewed the aggressive approach as “scary.” Women jurors also commented on the clothing worn by the presenters, stating they found a mid-calf length skirt with a side slit slightly above the knee and a silk blazer with a high sheen “distracting” (Mahoney 1999).

After the experiment, jury trial experts spoke on establishing credibility.  While the statements given did not seem empirically tested, they are worth considering.  For example, one panelist said that jurors typically view male attorneys as more competent but that a female litigator who demonstrates her competence is viewed as having more credibility.  One way women litigators can establish credibility is to demonstrate command of the facts, law, and if appropriate, technology.  Their first “speaking roles” can demonstrate competence by making well placed objections, responding convincingly to objections or question from the Court (Mahoney 1999).  Another panelist noted that jurors take their cues from the manner in which the judge and male co-counsel treat women litigators.  This means that using a woman litigator as a “bag carrier” is risky because a juror may view the behavior as sexist and hold that against the client when weighing the evidence (Mahoney 1999). In sum, the program demonstrated that female litigators still have an initial hurdle to overcome at trial but “once jurors determine a female litigator is competent, they are more likely to accord her and her client greater credibility than an equally competent male litigator” (Mahoney 1999).


Source Citation: Mahoney, Kathleen M. “He Said/She Said: Jurors’ Perceptions of Women Advocates.” The Woman Advocate (American Bar Association Section of Litigation), 1999: 4-6.

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April 15, 2011

Women Judges Advise, “Woman Up”

by Angela N. Johnson

Lose the "bow ties to look like men."

According to a panel of women judges at the ABA’s Women in Law Leadership Academy in May 2010, one of the distinctions between men and women lawyers is that “women in general lack the confidence that men seem to have in the courtroom” (Passarella 2010).  U.S. District Judge Norma Shapiro advised the group of 500 attendees that women must exude confidence even if it means faking it.  Shapiro further said that “if the attorney doesn’t have confidence in herself, neither will the judge or jury” This means women litigators must take any trace of fear out of their voices and speak so they can be heard, “You have to ‘woman up’ when those moments happen”said U.S. District Court Judge for the Northern District of Texas Barbara M.G. Lynn.

Former New York Court of Appeals Chief Judge Judith S. Kaye recalled “enduring” 21 years of private practice before taking the bench.  According to Judge Kaye, the secret is “agonizing privately.”

As far as appropriate courtroom attire for women lawyers, the panelists unanimously agreed that women often go wrong with clothing that is too short or too low cut, “The goal isn’t to be noticed by your outfit but for your argument” said Judge Lynn.  But it doesn’t have to be like the days when “women would wear these bow ties to try to look like men” adds moderator Fernande “Nan” Duffy, an associate justice of the Massachusetts Appeals Court.

Source Citation: Passarella, Gina. “Judges Give Perspective on Female Litigators.” The Legal Intelligencer, May 3, 2010.