The release of the blockbuster musical Hamilton on Disney+ has been one of the few highlights of an otherwise gloomy summer. Those who haven’t seen the production might not be aware that along with his role as a Founding Father, Alexander Hamilton was also a prominent New York City attorney who was part of the defense team for one of the nation’s first murder trials (which ended in an acquittal after only five minutes of jury deliberations).
Here’s a look at what Hamilton might have to offer in the way of lessons for lawyers practicing more than 200 years later.
Talk Less, Smile More
Alexander Hamilton was notorious for his mouth – he never knew when to stop talking (or writing). That character flaw led him into numerous personal and professional predicaments and ultimately contributed to his downfall in a duel with Aaron Burr. During one scene of the play, Hamilton admits that his rival Burr was a better lawyer because he was succinct and made every word count.
Being succinct is still an admirable quality in an attorney today. Does your opening need to be an hour and 15 minutes, or might you accomplish just as much in 30 or 45 minutes? Jurors have other places they’d rather be, and they appreciate lawyers who respect their time by saying only what they need to say. Rambling and repeating yourself are sure ways to annoy jurors and test their patience.
The Room Where It Happens
One of the character Aaron Burr’s defining traits is his desire to be “in the room where it happens.” We get it. Everyone wants to be the center of attention from time to time, but consider that a trial isn’t about you – it’s about your client. In numerous post-trial interviews we’ve conducted over the years, jurors have criticized plaintiff and defense attorneys for indulging their egos by grandstanding and engaging in excessive theatrics. It’s fine to put on a little bit of a show for the jury, but it’s also easy to go overboard and come across as preening. If you’re unsure of where that line is, we suggest running through your opening or closing with a colleague you can trust to tell you if you need to dial it back.
It Would Be Enough (Witnesses)
Along with knowing when to stop talking, it’s also important to avoid calling too many witnesses you don’t need. We’ve monitored a lot of trials over the years, and too often we find ourselves toward the end of a trial thinking, “I’ve already heard this 10 times. I get it.” If witness testimony strikes us as repetitive, you can bet the jury thinks so, too. Your trial strategy should involve a carefully thought-out plan for how many witnesses you really need and what you need to accomplish with each one. Then, make sure to stick to that plan and avoid straying beyond the intended purpose of each witness.
Cabinet Battle
Hamilton contains a number of entertaining scenes where Hamilton and Thomas Jefferson engage in spirited verbal combat. But you’re not a rapper, and jurors are unlikely to be entertained by bickering between lawyers. In fact, one of the most frequent complaints about trial attorneys we hear from jurors is petty sparring. It’s easy in the heat of battle to get riled up by your opponent, but we suggest you take the high road. Make the legal arguments you need to make, but avoid comments that could come across as snide, personal or petty.
If You Stand for Nothing, Burr, What’ll You Fall For?
The musical’s Aaron Burr has no core values, and in fact changes parties to run for a former ally’s Senate seat. Values matter to jurors, and we’ve observed that “fairness” is often more important to them than which side is legally correct. In fact, jurors will sometimes twist the law and jury instructions to allow them to do what they think is most fair. Without grandstanding, we recommend you incorporate elements of fairness and doing what’s right – even if it means asking the jury to find against a party who is likeable and sympathetic.
We’ve seen a lot of trial presentations, and we’d be happy to lend you our perspective. We’re available for Zoom consultations to go over your trial opening or mediation presentation, and we can incorporate attorney presentations into our virtual focus groups to find out what real potential jurors think. Contact Partner/Senior Vice President Claire Luna at cluna@juryimpact.net to find out how we can help.
Pivoting During a Pandemic
We have resumed in-person research this month in some areas, but we will continue conducting virtual focus groups in many jurisdictions into the fall. This includes areas with an older population that is higher risk, or places with extremely restrictive social distancing policies limiting the number of people in a room.
Virtual focus groups have provided our clients with a meaningful way to evaluate cases and develop mediation and trial strategy. Through Zoom, we can conduct focus groups that provide the same kind of challenging, juror-driven discussion you love from Jury Impact but through remote technology. Juror predispositions, case facts, arguments, witness videos and damages can all be tested while you observe and communicate with our backroom analysts to make sure the research stays focused on your priorities.
Jurors are craving both social interaction and financial compensation right now, and this format allows your trial team to safely explore their perspectives through virtual-only research. Contact us for more information on this approach, or a no-cost webinar to see exactly how it works.
