Step 1: Be Present and Stay Engaged – Jurors Are Watching
This is Part 1 of our Trial Prep Series for Business Owners. Missed the overview? Read the full article here.
When a business litigation case goes to trial, it’s easy for company leadership to think, “That’s what I hired a lawyer for.” But if your business is a party to a lawsuit, your physical presence in the courtroom matters deeply—especially if your case is being decided by a jury.
In this first installment of our trial prep series for business owners, we’re diving into a critical but often underestimated issue: why you—or a designated corporate representative—must attend the entire trial, stay engaged, and leave your phone alone.
Let’s break down why this matters and how to do it right.
🎯 Jurors Don’t Want to Be There—And They’re Watching You
Serving on a jury is a civic duty, but make no mistake: jurors give up a lot to be there.
They rearrange work schedules and miss income
They find childcare or someone to look after a sick or elderly loved one
They may have to coordinate transportation or depend on others
They sit in court from 9:00 a.m. to 5:00 p.m., sometimes for days or weeks
They didn’t ask for this. The court assigned it.
Now imagine what happens when a juror looks over at the corporate party—the company that filed the lawsuit or is being sued—and sees no one there representing it. Or worse, they see someone present, but distracted, disengaged, or checking their phone.
It sends a message that your time is more valuable than theirs. And that can quietly, powerfully shift how they view your credibility.
🏢 A Corporate Representative Must Attend the Entire Trial
Every business litigation case must have a human face in the courtroom. Whether that’s the owner, CEO, COO, or other appointed decision-maker, someone with real authority and knowledge of the business must attend—for every single day of trial.
Don’t assume you can just check in once or twice. Full-time presence is non-negotiable. Jurors need to see that your company is taking the matter seriously and giving it the time and attention it deserves.
Even if you're not testifying that day, or even that week, being there matters.
👀 Stay Alert and Engaged—Jurors Notice Everything
Just being physically in the courtroom isn’t enough. You must also look like you care.
Sit up. Pay attention. Make eye contact with your attorney when appropriate. Nod occasionally. Take notes. Jurors will pick up on your energy and body language—and they will form opinions based on it.
If you’re slouching, staring into space, or clearly checked out, it undermines your case. If you don’t look like you believe in your side of the story, why should they?
📵 Do Not Use Your Cell Phone—Unless It’s Absolutely Necessary
This one’s simple but crucial.
Do not check your phone during trial.
Jurors are prohibited from using their phones in the courtroom. They can’t check texts, respond to emails, or scroll social media during the day—and they’ll resent anyone who appears to be doing just that.
If you must use your phone—for example, to respond to a true business emergency—be extremely discreet. Step out during a break if possible. If not, quietly turn away, keep the screen brightness low, and limit yourself to essential use only.
Even a quick glance can be noticed by jurors who are looking for signs of who’s trustworthy and who’s not.
🛑 This Is Not Just About Optics—It’s About Integrity
The reality is, jurors are people. They are forming impressions of your business, not just your lawyer’s arguments.
If they see someone who:
Shows up on time
Pays attention
Respects the process
Looks professional
Avoids distraction
…they’re more likely to believe that your business is honest, credible, and deserving of a favorable outcome.
✅ Quick Tips for Showing Up Right in Court
Assign a clear corporate representative with full authority
Clear your calendar—you need to be there every day
Arrive early and dress professionally (layers help for courtroom temperature swings)
Stay off your phone (or be extremely discreet if use is unavoidable)
Maintain polite, attentive, calm body language
Respect everyone in the courtroom—including opposing counsel
Final Word: Respect the Jurors’ Sacrifice
Jurors don’t know your business. They weren’t there for the contract signing, the email chain, or the breach. They’re learning everything for the first time—while giving up their time, energy, and personal convenience.
The least you can do is show up, pay attention, and give the process the respect it demands.
Doing so may not “win” your case on its own—but failing to do it could seriously damage your credibility in the eyes of the people deciding your fate.