Paul Luvera, The Daily Record Newswire
On Jan. 14, the New York Times published an interesting article by Sue Shellenbarger about appearing to be an intelligent person. It reminded me of how powerful our impressions are, potentially even more than our rational analysis.
The article discussed research on how people form an impression about how intelligent another person might be. It pointed out that the things we do to promote an impression of intelligence may do just that — or they may do the opposite.
In general, actions that promote intelligence include showing self-confidence, speaking clearly and smoothly, and responding thoughtfully to what others are saying.
Not surprisingly, the article claimed that one of the strongest signs of intelligence is looking at others when speaking or listening to them. Sounds obvious, but have you actually watched an attorney during jury selection recently, looking down at his notes even while a juror is speaking directly to him? It’s far too common. The reaction of the juror, naturally, is the same one you’d have if you were talking to someone who was looking over his shoulder instead of at you.
In 2007, a psychology study at a Los Angeles university involved videos of participants acting out in an effort to be seen as intelligent. The videos were then watched by others who evaluated how intelligent they thought the subject was. The people who were trying to look intelligent used some common behaviors, including looking at others while listening or speaking, sitting up straight, putting on a serious face, and avoiding gestures, such as touching their hair or face.
But the study showed that only the first two on that list — eye contact and posture — were really effective in creating an impression of high intelligence.
The people watching the videos generally gave higher IQ ratings to those who appeared more relaxed. They favored those with self-assured expressions rather than a poker face, who spoke clearly in a pleasant, expressive voice, complete with gesturing, nodding and clear engagement in the conversation — all signs of focusing on the other person and really listening.
Seemingly superficial stereotypes about intelligence also have been known to have an impact on impressions. Wearing eyeglasses, for example, gives off an impression of being smarter, according to a 2011 study. In another study, merely using a middle initial was linked in many people’s minds to higher social status and education.
But what about many well-educated lawyers’ favorite pastime: using big words and pretentious language? In a 2006 study it was found that people who use long, complicated sentences and big words are seen as less, not more intelligent.
In fact, as soon as pretentious language begins to interfere with a person’s ability to understand and communicate with you, the listener has an impression that you are less intelligent, according to research.
Lawyers should be keenly aware of that fact. Too many attorneys like to use legal jargon, medical terms or big words to show off how bright or well-versed they are on the subject. However, when a lawyer or a witness does a poor job of making things simple and clear to the jury, the jurors do not blame themselves for not understanding; they blame the speaker.
First, they make an effort to struggle to understand what is being said, then become frustrated and give up. At that point, they stop trying to understand and become annoyed with the speaker, whether it’s the lawyer or a witness. In either case, they blame you — because if it’s the witness they don’t understand, they blame you for making it too complicated.
What about the most characteristic thing lawyers do: talk too much? People who talk too much or too loudly are seen as not knowing what they’re talking about and hoping no one will notice. It’s also seen as a sign of insecurity.
You can pick a lawyer out at a restaurant or social setting because of the excessive volume of his voice. At trial, unfortunately for his clients, there is often little difference: the lawyer talks far too much, and in the process is seen as knowing less.
The 2007 study also indicated that people who move around fast and are rapid in their speech or reaction are seen as less intelligent. The cool, calm lawyer in the courtroom is seen as smarter than the lawyer who is reacting frantically to each new revelation.
When I was teaching at the Spence Trial College, Gerry Spence gave me a wonderful expression for how a lawyer should act in the courtroom. He called it “watchful waiting.” When someone is excitedly talking, you pause, wait calmly and watch until it is over. Then you calmly respond.
When we compare these studies to the principles outlined by Dale Carnegie in the 1930s about “how to win friends and influence people,” we see that his principles are as valid today as they were when he promoted them:
1) Don’t criticize, condemn or complain.
2) Give honest, sincere appreciation.
3) Arouse in the other person an eager want.
4) Encourage others to talk about themselves. Be a good listener, (but …
5) … be genuinely interested — don’t just listen for listening’s sake.)
6) Remember: A person’s name is to that person the sweetest and most important sound in any language.
7) Talk in terms of the other person’s interests.
8) Make the other person feel important but do it sincerely.
9) Smile.
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Paul N. Luvera is the founder of Luvera Law Firm in Seattle. He was elected to the American Trial Lawyers Association Hall of Fame in 2010.
