Throughout the trial, the lawyer focuses on each juror, trying to figure him out, size him up. The lawyer will do well to remember that, throughout the trial, each juror is focusing on the lawyer, figuring him out, sizing him up. The appraisal must be based upon the lawyer's conduct during the trial. Some lawyers have the happy faculty of being able to gain and hold the confidence of the court and jury throughout the trial. When a lawyer has done that, he has taken a giant step toward victory.
Trial advocacy is more a matter of art than of science.
At top center of the painting we see courage. A brother of Robert F. Kennedy, an older brother, with considerable help it is reported, wrote an inspiring book, Profiles In Courage. It is more important that competence or vision. It can never be delimited, dated or outworn, and it should pervade the heart, the halls of justice, and the chambers of the mind. A lawyer must have courage to advocate a minority view and to defend an unpopular accused.