by Karen L. Hirschman 

As a law student, I pictured myself as a trial lawyer, despite the lack of role models of successful women trial lawyers. The stereotypical trial lawyer was a white male with a commanding presence, a booming voice and authoritative demeanor.

How was I to fit into this picture? One of my first mentors gave me useful advice: Listen to your own voice. Find your own style, rather than adopting someone else's. Be yourself; if you are not, no one will believe you. Use the gifts you have, rather than worrying about those you do not.

Persuasiveness at trial is about each individual lawyer finding and using his or her authentic voice to advocate for the client. One of the benefits of diversity in firms and in the courtroom is that members of the legal team bring different life experiences to their work, which makes them better advocates for their clients. The following can help women attorneys and attorneys of color in their quests to develop into the best trial lawyers possible without forcing themselves into a cookie-cutter image of what a great trial lawyer should be.

• Self-management is essential. In my experience, those of us who differ from the majority of lawyers, due to gender, race or ethnic background, are not at a disadvantage in the courtroom. But we must be careful to stay on top of our own fears and anxieties when we look around the courtroom and see no one else who looks like us. For example, a woman lawyer or attorney of color may feel out of place if all the other lawyers on the case, and perhaps the judge, are white males, especially if they all seem to know one another well. Be attentive to those feelings of isolation, as they can detract from the focus needed to represent clients effectively.

• Realize that power does not require conformity to a one-size-fits-all model. There is no one most effective style for persuasive, successful trial lawyers. Some lawyers have an imposing physical presence they can use to their advantage to command attention and create an image of authority and expertise. Consider vocal quality. Some lawyers, many of them men, have deep, resonant voices that may be an advantage while cross-examining a reluctant witness. Other lawyers, including many women, are not likely to possess this attribute. They would look silly trying to adopt it. So what should they do?

The short answer is there are no short cuts. As a young lawyer, I often was intimidated by my imposing male opponents. Over time, however, I realized that power is a function of knowledge, preparation, confidence, conviction and passion, not size or the timbre of one's voice. This is what my mentor tried to communicate to me. Rather than waste time bemoaning the characteristics I lacked, I — and other lawyers who find themselves in the minority — had to identify qualities and strengths we possessed and deploy them to the maximum advantage of the client.

• Play up strengths. To identify these qualities and strengths, attorneys can ask themselves: What are my natural gifts? What comes easily to me? How can I use these strengths to help the jury understand the case and communicate with the individuals who will find the facts? These are the questions that should occupy a budding trial lawyer's thoughts, not whether he or she looks like the others on the trial team.

Uncovering one's strengths can provide a reliable path to becoming successful trial lawyer. One lawyer may be great at organizing facts and communicating them in a clear, concise and easily understood way. Another may radiate intelligence, humor or authority in a way that helps jurors identify with her. Another may be particularly empathetic and compassionate, traits that will be effective in advocating for an injured client. The smart lawyer will identify her top traits, use them to her advantage and look for strategies that play to them. One of the great benefits of putting together diverse trial teams is finding the right combination of people's strengths for the matter at hand.

• Take advantage of anyone with antiquated notions of your preparedness. Women and minorities, who are too often excluded from lawyers' informal networks and social relationships, may perceive that others underestimate their capabilities and stature. This may or may not be the reality. However, if it is, take heart. One of the first rules of battle is that it is always a mistake to underestimate an adversary. If someone underestimates you, use it to your advantage. The truth is that competence, preparation and persistence win cases, not the demographic characteristics of counsel. If opposing counsel is unprepared because of some outdated notions of who you are, that inures to the benefit of your client. Always give the client a high-caliber performance. Soon, that reputation will speak for itself.

• It is OK to show emotion. Women may feel they need to suppress their emotions in the courtroom for fear of appearing weak or playing into stereotypes that women are overly emotional. However, jurors expect and in fact admire lawyers who demonstrate they are dedicated advocates for their clients. If the circumstances warrant, it is quite appropriate to demonstrate the strength of your commitment to the client by allowing your emotions to show, in a restrained and professional way.

• Identify with the jurors. Effective courtroom lawyers connect with jurors, putting themselves in the jurors' places and tailoring a winning presentation accordingly. Focus on the people in the jury box, not opposing counsel. Allow your experiences to inform your assessment of how the jurors will view the facts of the case — what about the client or his circumstances will resonate with the jurors' experiences? Find this common ground and orient your presentation to it.

Of course, regardless of style, the keys to success at the end of the day for any trial lawyer are the same: doing the hard work necessary to understand the client's case; examining the case's weaknesses and strengths; working through all the potential scenarios at trial and developing a plan for how to deal with them; helping clients and witnesses be as effective as they can be in communicating the facts; and maintaining equilibrium in the rollercoaster ride of trial.

Develop your own strengths. Use your authentic voice. Work hard. Regardless of race or gender, this is the winning strategy.

Karen L. Hirschman is a partner in Vinson & Elkins in Dallas. She has been a practicing trial lawyer since 1983, handling complex commercial litigation, with an emphasis on securities and accounting malpractice. She is a fellow in the American College of Trial Lawyers.

Reprinted with permission from the September 28, 2009, edition of Texas Lawyer. © 2009 Incisive Media US Properties, LLC. All rights reserved.