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Professional credibility

Small Choices Make Big Differences
It is not enough to be competent and prepared, even though these traits are important. If lawyers cannot demonstrate these qualities to others, their effectiveness is undermined and the credibility of their clients' cases threatened. This article emphasizes the importance of communicative choices in projecting credibility, so central to a lawyer's professional success. It explains four components of credibility -- competence, dynamism, likeability, and trustworthiness -- and details the behavioral choices that foster impressions of each.

Introduction
What makes a lawyer successful? A variety of legal skills is needed: substantive knowledge of the law, thorough research, careful preparation. Yet when two equally prepared lawyers enter court, one will be more successful than the other. The former may well owe some part of that success to factors more subtle, yet sometimes more powerful, than those based on the facts of the case.

Through communicative choices each lawyer makes, others in the courtroom -- judge, jurors, opposing counsel -- decide whether or not to accept the description of reality the lawyer is creating. The credibility of the client's case often rests on the credibility of the lawyer.In fact, the lawyer's credibility is always at issue in any professional setting. Potential clients judge lawyers during interviews, opposing counsel assess their opponents throughout a case, and colleagues evaluate each other's strengths and weaknesses constantly.

Credibility, or professional believability, is composed of four elements:

Competence: Is the lawyer knowledgeable, well-prepared, and intelligent?

Dynamism: Is the lawyer enthusiastic about the case?

Likablility: Is the lawyer a person I could like?

Trustworthiness: Is the lawyer someone I could trust?

A person high in credibility rates high on all four dimensions. Low ratings in only one area will damage credibility. All four are needed for credibility in every situation, but some weigh more heavily than others in particular circumstances.How do listeners judge a lawyer's credibility? In large part, the judgment is based on the messages the lawyer sends through words and body language, which tell others whether the lawyers believes what he or she is saying and whether others should, too. For example, a compressed body posture accompanied by a soft voice tells others not to believe the speaker.

Use of one set of behaviors will not guarantee credibility in the eyes of others. The impact of any one behavior varies with the context, but the use of some behaviors will usually affect perceptions of credibility in predictable ways.

Most effective, of course, is behavior that, rather than trying to create qualities that do not exist, instead demonstrates qualities the lawyer possesses. After all, the best way to look competent is to be competent. At the same time, simply being competent is not enough if one is unable to demonstrate that competence effectively.

Competence
When participants in a recent course on communication skills for lawyers were asked what image they most want others to form of them, they stressed competence. To them, the term encompassed cognitive skills like knowledge and preparation as well as communication skills.Individuals exhibit competence behaviorally with their personal appearance, their posture and body movement, their use of props like lecterns and notes, and their use of language. Overall, a competent person appears and acts appropriately for the occasion, moves gracefully, and speaks clearly.

Personal appearance. Impressions of competence start before a lawyer begins to speak and are based in part on appearance and grooming. The key is to dress appropriately for the occasion.

Neat dress of good quality and fastidious personal grooming are always essential. Dark suits, especially with subtle stripes, connote authority and conservatism, while flashy materials like bright plaids connote superficiality, especially in the young.

Posture and movement. A speaker whose body is erect yet also relaxed appears most competent. An overly rigid body suggests an overly rigid mind, while a slouched or excessively relaxed posture connotes lack of preparation or disrespect.

Body movement is as important as body posture. Distracting mannerisms like foot-shuffling detract from perceptions of competence; they also hypnotically draw others' attention away from the voice. Expansive gestures suggest confidence, unless they are wild and flailing.

Use of props. What lawyers hold or have near them also affects observers' impressions of competence. Lawyers who always stand behind a lectern or desk radiate insecurity; so do those who constantly grip one. Those who appear sure of themselves, in contrast, move easily in the space available and do not constantly hold onto props.

A well-prepared lawyer will list in advance information desired from the witness and outline a strategy for gathering that information. Potential problems arise in how rigidly that list is adhered to and what the lawyer does while using it. A competent lawyer uses prepared notes and questions as an aid; one who appears less competent uses them as a crutch. The more one attends to notes, the less one can maintain eye contact, observe reactions, and follow up answers quickly -- in other words, conduct an interchange conversationally.

Use of language. Lawyers perceived as competent demonstrate articulate, fluent speech(without 'uhs') and speak in complete sentences. Loud or soft speech is poorly received. Soft speech especially suggests lack of self-confidence. Lengthy pauses or delays in responding to questions and in following up answers suggest uncertainty. At the same time, an appropriate sense of humor shows that lawyers are knowledgeable, prepared, and, thus, relaxed. These behaviors can help showcase a lawyer effectively; they cannot make up for lack of preparation.

Dynamism
Dynamism, the "fire-eating" component of credibility, conjures in many minds the image of the flamboyant lawyer portrayed in the media. If overdone, dynamism can detract from the impressions of competence, largely because it appears theatrical rather than sincere. Yet dynamism is essential in forming a credible image. After all, the lawyer asking the court to be enthusiastic about the client's positions needs to model that enthusiasm.

Dynamism refers to the vigor, force, assertiveness, and absence of passive behaviors with which lawyers speak and present themselves. It is reflected in two elements: power and animation.

Power. Power is communicated through control -- of space, of topic, of self, of situation. Power is exhibited through gestures that create an expanse of space around the speaker, direct eye contact, erect yet relaxed posture, appropriate smiles, and rich, full voice.

Lawyers who are women need to be most careful in this area. The behavioral menu from which women have been trained to select, consists of non dominant, supportive behaviors, which come across as powerless. Yet it does little good for women to select solely from the men's menu, because others do not readily accept women's wholesale adoption of characteristic male behaviors. Rather, women need to blend their supportive behaviors with more obvious power behaviors -- and to back their powerful behavior with powerful actions.

Animation. Animation suggests lawyers are alert and involved; it reflects energy and caring. Behaviors that demonstrate animation include expansive gestures, animated facial expressions, rapid speech with vocal variety, and active-listening behaviors like paraphrasing, summarizing, and clarifying. In all professional situations -- especially in long trials -- lawyers must provide the energy needed to involve others; they can do that through enthusiasm reflected in voice and body.In general, dynamism contributes to credibility because it demonstrates involvement in what is going on. If the lawyer does not appear to care, why should anyone else? And if the lawyer is not in charge of the situation, who is?

Likeability
People base their decisions about others on gut feelings. For example, a disgruntled juror might comment, "Even though that lawyer seemed to know what he was doing, there was something about him I just didn't like. He was too smooth, maybe. I felt he was just playing with us rather than talking to us." Such an opinion would tell lawyers -- were they fortunate enough to receive this valuable feedback -- that the weak point in their credible image was likeability.The central element of likeability is a sense of immediacy. The more conversational the interaction, the more immediate the speaker appears. Choices concerning voice and body movement heavily affect likeability.

Vocal and verbal choices. Word choice and delivery are crucial to perceptions of likeability. Each word must be considered with the listener's -- rather than the speaker's -- needs in mind.Words neither above nor below the listener's comprehension are most readily understand. Many lawyers who speak legalese to those who do not share their legal background confuse and antagonize their listeners.

Yet appropriate word choice alone is not sufficient; voice tone must also be considered. Whether or not people understand what is being said, they know when a speaker is being condescending, and they resent it. Lawyers, themselves highly educated, need to be careful about talking down to people less sophisticated, intelligent, or educated. Other vocal presentation that promotes liking includes laughing and demonstrating an appropriate sense of humor. Also, open and direct smiles and eye contact evoke positive responses.

Body talk. Both movement and orientation of the body have a strong impact on perceptions of liking. Listeners are drawn to those who face them directly and who relate to them with body language.

For example, gestures that reach out to the listener promote warmth. Appropriate touching behaviors also invite liking. A lawyer who never touches a client during a trial may, in the jury's eyes, show a dislike for that clients, which the jury may adopt.The location of the speaker in relation to those being addressed also influences perceptions of liking. Too close positioning is seen as intimidating rather than friendly, while too distant positioning, especially when asking personal questions, is generally viewed as unfriendly.People like people who listen to them, and lawyers thus must demonstrate clearly that they are doing so. Effective listening behaviors include nodding, establishing eye contact, leaning forward if seated, asking questions that develop from the previous answer, avoiding unnecessary interruptions, and putting others at ease by demonstrating a receptive attitude.

The payoff for being seen as likable is high. People listen more to those they like than those they dislike, and they are more receptive to new ideas from people they like.

Trustworthiness
Trustworthiness is the degree to which a person is judged to be a reliable source of information. If a lawyer is viewed as deceptive, that can be devastating to the lawyer's credibility and the client's case. Three areas of self-presentation are crucial to promoting trustworthiness. They are verbal and vocal choices, body dress and movement and absence of nervous behaviors.

Verbal and vocal choices. Verbal choices that detract from trustworthiness include vagueness in word choice, use of few verifiable facts, impersonality in speech reflected in a lack of personal pronouns (e.g., "One might conclude.."'), indirection ('It could be said."' rather than "I think.."'),. and exaggerated language and expressions. These choices show a lack of connection between the speaker and what is said and promote the idea that the speaker has something to hide.

Voice quality is also important. Nasality and guttural, harsh quality suggest untrustworthiness. Vocal variety with a conversational pitch and tenor rather than a prepared speech come across as believable.

More body talk. Body language should reflect the credence the lawyer places on what is being said and presented. For example, absence of animation in speech, demonstrated in the use of few gestures, "frozen" facial expressions, tense jaw, and tense body carriage, suggests that the speaker is controlling the body to hide something form the listener.Dress and choice of accessories affect perceptions of trustworthiness. Earth colors and natural fibers contribute to a sense of sincerity. Simplicity in decoration (clothing, jewelry) suggests candor. Overdressing and overuse of accessories detract from the 'humanness' of the person using them and, thus, undermine perceptions of trustworthiness.

Nervous behaviors. Jurors may identify a lawyer's twitching, scratching, and shuffling as nervousness -- or as deception. These behaviors also distract the listener from what is being said. Direct eye contact suggests the lawyers is telling the truth; too much or too little eye contact suggests otherwise.

In general, certain behaviors contribute positively to an impression of trustworthiness: open, moderately relaxed body posture; moderate speech rate, vocal and facial animation, and gesturing; moderately high eye contact; and congruence of verbal and nonverbal behaviors. Listeners look for consistency in presentation, and they readily note, other unconsciously, inconsistencies.

Behaviors in Combination
No one behavioral choice lawyers make is likely to be the sole determinant of the perceptions others have of their credibility. It is the pattern and the consistency of behavior that people note.

At the same time, use of some behaviors can enhance credibility across all dimensions, so it is worthwhile focusing on these. The choices include: openness and directness in eye contact, posture, and facial expressions; use of a full, rich, animated voice, pitched moderately low; absence of distracting mannerisms like fidgeting; erect yet relaxed posture; and control of oneself and the situation.

Balance is important; lawyers ought not to overemphasize one dimension of credibility strongly over the others. Behaviors that overemphasize one dimension may work to the detriment of others. For example, an overwhelmingly competent and dynamic lawyer -- a fire-eater -- may suffer in area of likeability and trustworthiness. One tool that yields a surprising amount of information to lawyers about their presentations is videotape. It is very powerful to see for oneself, and to hear from others, the impact of behavioral choices. The behavioral patterns of which a lawyer is least aware may be the ones that are most distracting to others -- and potentially the most damaging.

The key to successful promotion of a credible image is balance and congruence. Too much of any behavior is distracting to and detracts from a lawyer's image. Behavior that demonstrates the competence, dynamism, likeability, and trustworthiness a lawyer already possesses to advantage is the best advertisement of credibility. Yet is simply not enough to possess these qualities; lawyers' behavioral choices must demonstrate them to the world. Ignoring the impact of these seemingly minute choices on he listener can undermine the effectiveness of lawyers.

Mary Bendelow, PhD, is a communication specialist who directs CommuniConsultants, Inc., based near Denver, Colorado. She conducts training programs in conflict management, group effectiveness, and nonverbal communication. Dr. Bendelow acts as a trial consultant in such areas as jury selection, communication strategies, and attorney image; she also conducts courses in communication skills for lawyers.