Step 5: The Jury Is Always Watching

This is the last part of our Trial Prep Series for Business Owners. Missed the overview? Read the full article here.

If your case is going to be heard by a jury, understand this: the jury is not only listening—they're watching. Constantly. Their observations don’t begin when testimony starts. They begin the moment you step into the courthouse, and they don’t end until you’ve left the building for the day. In fact, they could begin before the jurors even know they’ve been assigned to your case—like when they’re waiting in line to get through courthouse security. A future juror could be standing right behind you while you’re talking on your phone or reacting to the stress of the day. Even a casual complaint or offhand comment made in that moment can leave an impression that’s hard to undo later.

Your Demeanor Speaks Volumes

In court, you should always carry yourself like the kind of person the jury wants to rule for:  professional, calm, respectful, and serious about the process. That doesn’t mean stiff or robotic—but it does mean self-aware.

A sigh, an eye roll, a smirk, or a sarcastic shake of the head can undo hours of compelling testimony. Jurors notice when a party looks bored or frustrated. They notice if you glare at opposing counsel or look visibly annoyed during someone else’s testimony. And if your demeanor contradicts the story we’re telling—that you are a responsible, credible business owner who’s been wronged—they will feel it.

Jurors May See You Outside the Courtroom

Judges take steps to limit contact between jurors and the parties. Jurors often have their own restroom, their own break room, and their own exit. But these safeguards aren’t perfect. In some courthouses, paths cross. It’s possible a juror might see you or your lawyer in the hallway, the elevator, or even outside the building during a break.

There must be absolutely no interaction—not even small talk, eye contact, or a friendly nod. Any attempt to influence a juror, even innocently, could cause serious problems in your case.

But just as important:  jurors are still watching.

If a juror sees you laughing loudly or joking with friends outside the courthouse right after telling us you’re too stressed to eat or sleep, it creates a disconnect. That disconnect can hurt your credibility.

So be mindful. The courthouse is not the place to let off steam or drop your guard. Even when you're not “on the record,” you’re still on display.

Bottom Line: Whether you're in the courtroom or just walking to your car, assume someone involved in your case is watching. Every facial expression, every offhand comment, every gesture—they all matter.

Jurors are piecing together a full picture of who you are. Make sure that picture aligns with the case we’re presenting.