Why I Love Jury Trials

I love jury trials. And if you’re an attorney, you should too.

I just testified in front of a jury at the downtown courthouse, and honestly, it was a blast. I love being in the room. The judge is clear with the jury, gives them his instructions, and still leaves real room to maneuver. I can turn and ask permission to elaborate, because he wants the jury to understand — especially the forensic terms.

For example, I defined “forgery” as a crime, not just a verb. Explaining an electronic transfer was easy. “Judge, may I define that?” You get to speak in plain, relatable language you’d never reach for if you were only answering narrow direct questions.

Why Jury Trials Work in Your Favor

In a bench trial, judges can box you in. It turns into, “Just answer the question, Mr. Baggett. Yes or no.” And opposing counsel tends to be sharper in a bench trial, especially in depositions.

In a jury trial, the other attorney usually softens, because they don’t want the jury to see them as the bully. If the judge dislikes you, that’s one problem. If the jury dislikes the defendant — or the opposing attorney — it can go very badly for that side. So everyone shows up on their best behavior. Even when opposing counsel questioned my credentials, the tone stayed professional and respectful.

In this case, like most, my credentials were stipulated, because I’m rock-solid on the stand. Jury trials are a great choice — if you have the right expert witness.

Here’s what most people miss. Plenty of experts write excellent, accurate technical reports. The real question is how they perform on the stand. Do they seem trustworthy and likable? Do they look the jury in the eye? Do they know how to work a room?

The Expert Who Can Win a Room

That’s exactly where many forensic experts — experts of every kind — fall short.

There’s a scene in Dexter where the main character, a brilliant blood-spatter analyst, takes the stand. The analytical, engineering-type mind isn’t always the mind that can hold a jury’s attention and talk to people like people. Jurors aren’t stupid. They just don’t know what the expert knows. You can’t talk down to them. You meet them where they are, and you watch for the nods. The nods are what I’m looking for.

Sometimes I’ll say, “You know how you have this in your house?” or “Remember this from high school?” I describe things in familiar terms. Years ago I described a handwriting feature this way: “It’s not a technical term, but it looks kind of like a roof — you know how the overhang sends water down and away? It’s like that.” The jury got it instantly. You couldn’t do that with much freedom in a bench trial, where they want strict, technical terminology.

My suggestion is simple. If you’re hiring an expert witness, hire the best one you can afford. But if the case might go to trial — especially a jury trial in a Tarrant or Dallas County courtroom — pick someone you’ve actually spoken with on the phone, maybe a quick Zoom call, and confirmed presents well.

I had a Zoom trial once. I showed up with good lighting, a clear delivery, and I knew how to drive the software. The other expert showed up late and fought with the technology — fumbling controls, struggling with the sound. In a trial, that kind of fumbling sends a quiet but damaging message to the jury about competence and preparation.

Presentation Matters

When someone looks disorganized or unprepared, it can undercut the perception of their analysis. An expert witness has to be likable and trustworthy. “Trustworthy” means walking in without an agenda. They may be hired by one side, but if the facts were different, they’d say, “The facts don’t support your position. You may not need me.”

That belief has to be genuine. It’s not acting — it’s integrity. You want someone ethical, with no disciplinary issues or a questionable record. But more than that, can they explain things clearly and concisely? That’s the key.

At Handwriting Experts Inc., we train our experts hard. We do jury training and witness-stand preparation, because we want them as articulate as possible. That way, when the evidence lines up with your narrative, we can show up to court and help you win that case — by telling the truth.

Once we confirm a narrative matches the evidence, we want to help people win. We just won’t help someone who’s lying win. Almost half the time, we tell attorneys the evidence doesn’t support what their client is saying. Sometimes it’s inconclusive. Sometimes the quality or quantity isn’t strong enough to carry the case. And we’re honest about that.

Handwriting Experts Inc. — Dallas–Fort Worth
539 W. Commerce St #1396, Dallas, TX 75208-1953
Call or text: 214-614-8122

Have a questioned signature or document? Tell us what you have, and we’ll help you see what the evidence actually shows.

Frequently Asked Questions

Why do expert witnesses prefer jury trials?

There’s more room to explain. A judge can leave real latitude to define forensic terms in plain, relatable language, while bench trials can box the expert into strict yes-or-no answers with rigid technical terminology.

How does a jury change opposing counsel’s behavior?

Opposing attorneys usually soften in front of a jury because they don’t want to be seen as the bully. If a jury dislikes the opposing attorney, it can go very badly for that side — so everyone shows up on their best behavior.

What matters most in a trial expert beyond the report?

Performance on the stand. Plenty of experts write excellent technical reports; the real questions are whether they seem trustworthy and likable, look the jury in the eye, and can explain things clearly without talking down.

How should attorneys vet an expert for a jury trial?

Talk with them by phone or a quick Zoom call and confirm they present well. Even in remote trials, lighting, clear delivery, and command of the technology send the jury a quiet message about competence and preparation.