Why Every Word and Action Counts: Jury Trial Advice from a Seasoned Defense Lawyer

Why Every Word and Action Counts: Jury Trial Advice from a Seasoned Defense Lawyer

When you find yourself involved in a jury trial, whether as a defendant, witness, or even a party related to the case, it’s easy to underestimate how much your behavior outside the courtroom can impact the outcome. Criminal defense attorney Michael Waddington, a military defense lawyer with extensive experience in state, federal, and military courts, shares critical advice that every defendant and their counsel should heed: the jury is always watching.

Introduction: The Silent Observers in the Courtroom

Juries are not just passive listeners during trial proceedings; they are keen observers of conduct both inside and outside the courtroom. While the courtroom provides a formal setting where behavior is closely monitored, what happens in the hallways, parking lots, or during breaks can be just as influential. Michael Waddington’s real-world experience highlights how seemingly small moments can sway a jury’s perception and ultimately affect verdicts.

Key Lessons from Michael Waddington’s Jury Trial Experience

In one notable case, Waddington recounts defending a client accused of domestic violence in Colorado. After a witness testified about a mutual altercation, the case went on a lunch break. As the parties and jury exited the building, the client engaged in derogatory name-calling toward the victim. Some jurors overheard this behavior — an incident that was unprofessional and detrimental to the client’s defense. The result? A conviction and jail time.

This example underscores the critical lesson that behavior outside the courtroom can have lasting consequences. Jurors are human and unconsciously factor in character and demeanor when deliberating. Negative interactions or inappropriate conduct can reinforce negative narratives about a defendant, even if the legal arguments are strong.

Why Jury Perception Matters

Juries are tasked with evaluating facts, but their decisions are also influenced by intangible elements such as credibility, empathy, and perceived honesty. Every gesture, word, and interaction can contribute to their overall impression. For defendants and clients, this means:

  • Mind your language: Avoid profanity, insults, or confrontational remarks in or around the courthouse.
  • Maintain composure: Even under stress or frustration, acting respectfully toward all parties reflects well on character.
  • Be aware of surroundings: Jurors can observe moments in elevators, hallways, restrooms, and parking lots. Assume you are always being watched.

Additional Context: The Role of Defense Lawyers in Managing Client Behavior

Criminal defense attorneys like Michael and Alexandra Waddington play a vital role beyond legal strategy. They must counsel their clients on appropriate behavior throughout the trial process. This includes preparing clients for how to conduct themselves during breaks, transportation, and interactions with opposing parties or witnesses.

Lawyers often remind clients that their actions outside of formal testimony can be just as scrutinized as their words under oath. Managing client expectations and behavior helps to prevent self-sabotage and supports a stronger defense.

Broader Implications: Why This Advice Applies to All Legal Proceedings

While this advice is especially critical in criminal and military court cases, the principle holds true across all types of legal proceedings involving juries or judges. Professionalism, respect, and self-control contribute to a positive impression that can influence outcomes.

Moreover, in high-stakes cases such as military sexual assault, false accusations, or white-collar crimes, the margin for error is slim. Defense teams must be vigilant in every detail, including client comportment, to ensure the best possible chance of a favorable verdict or negotiated resolution.

Conclusion: Act as if Everyone is Watching—Because They Are

Attorney Michael Waddington’s advice is clear and powerful: assume people are always watching. This mindset is essential for anyone involved in court proceedings. Maintaining exemplary behavior, both in and out of the courtroom, can protect the integrity of your defense and possibly tip the scales toward justice.

For those facing serious criminal charges, military court-martial cases, or false accusations, working with experienced defense lawyers who emphasize comprehensive preparation—including client behavior—is crucial. The team at González & Waddington, LLC, led by Michael and Alexandra Waddington, offers aggressive and knowledgeable defense across Florida, federal courts, and military jurisdictions worldwide.

If you or a loved one is facing legal challenges, especially in military or criminal defense matters, contact González & Waddington at 1-800-921-8607 or visit https://ucmjdefense.com for a confidential consultation.

Remember: in the courtroom, every word and action counts — the jury is always watching.

Full Transcription

Be very careful what you say, what you do, how you act in between court hearings, during recesses, and after hours. Whether you’re getting in the elevator and you’re going down and you’re saying things and cursing out your opponent, or being rude, or in the hallways, or in the bathrooms, or in the parking lot, all of those things you have to be very conscious of and remind your clients too. Because I had a case once, it was in Colorado, and it was a domestic violence case where my client was accused of beating up his wife. She took the stand and said it was a mutual fray. We leave the hearing after she testifies and the judge calls for a lunch break. And as we’re walking out of the building, the jury’s walking out, and my client’s walking out with his father, and then the victim in that case was walking out too. So there was like a big cluster of people. And my client turns to his wife, the victim, and starts calling her a bunch of derogatory words, which I will not repeat in this video. The jury was walking out, and I know for a fact that some of them heard that and some of them saw that. It was unacceptable behavior. And in the end, you can imagine what happened. He was convicted and he was sent to jail. So be very careful what you do, what you say. Assume people are always watching. Be on your best behavior. Act like a decent human being and make sure your clients do too.

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Why Every Word and Action Counts: Jury Trial Advice from a Seasoned Defense Lawyer

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