WOULD YOU HIRE A FEMALE TRIAL ATTORNEY? The good, the bad, and the "ugly"
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Justice is Not Blind to Beauty
Perhaps it is survival of the fittest, but it seems that even in today’s legal system looks matter. Good looks turn heads, win hearts, and according to many studies, persuade jurors. While most jurors may plead their impartiality it’s obvious they give more weight to the arguments and statements made by attractive attorneys and witnesses. Even babies are attracted to better looking faces. What makes us think that we have differentiated so much from our primal beginnings? The New York Times reports on how "less attractive" people are routinely discriminated against. While America frowns upon discrimination based upon race, sex, and gender, a gap remains unearthed when it comes down to "attractive" versus “unattractive". Looking at attractive and unattractive attorneys from their first to their fifth year after graduation, the study showed that "unattractive" lawyers within the private sector usually switched to government jobs while attractive government lawyers went on to join private firms.
Even though most of society believes good-looking females have it is easy, the truth is that most people expect more out of these women. In fact, social science has found that male attorneys typically fare better than their counterpart female attorneys. Maybe it’s because males are associated with being aggressive and this imparts a seemingly more passionate argument on behalf of their clients. In one such study, male attorneys were rated higher.
Also, when jurors themselves feel less than confident about their appearance, they typically find resistance in accepting the good-looking lawyer’s argument. In Scientific American's recent article: In the art of persuasion, does a person’s sex or body type make a difference? the research suggested that "all else being equal, a skinny man would usually believe another skinny man over a heavier man. Things are seldom equal, however; in our society, skinny people are considered to be more attractive, and attractive people are more persuasive." The same article suggests that according to scientific research, about most topics, men are superior to females in the courtroom because juries give them more credibility. They consider them experts slightly more easily than women trial attorneys are evaluated. For me, this is one of those "things that make you go, hmmmmmm" moments.
An article published in the European Journal of Social Psychology, found that women chess players did not do as well when they knew they were playing against male players. Can the same be suggested of women trial attorneys? I can tell you my own personal experience is I've felt I had an advantage, but scientifically, these studies suggest something different.
If the studies are to be believed, as in, they can be proved scientifically, isn't this a bias that should be addressed in order to properly strike potential jurors? How does “lookism” differ from any other type of federally protected discrimination? Our most recent national election highlights beauty at its best. Sarah Palin herself was criticized for being "too hot for politics". Running for Vice President, while a much more inflated platform and position, not even she could overcome media commentaries and late night shows that constantly ridiculed her because of her good looks. Sometimes looks work to an individual’s advantage and sometimes, at least in Sarah Palin’s case, they be one's demise. In fairness, I should say "part" of Palin's demise.
As trial lawyers we always recognized nature’s impact upon a juror’s perspective also impacts their perception of the accused and witnesses who testify. Good looks are a bonus when it comes to credibility and likability. Jurors always take glances at the accused, their demeanor, dress, etc. It is why attorneys tell their clients to dress appropriately….it’s because they know the importance that this plays in how the jurors rule. Women not only battle equality issues with men everyday but they also battle equality issues among there own gender. It just goes to show that even the emblem of justice, the iconic blindfolded woman who holds the scales of justice has a tendency to take a peak and make certain judgments after she's looked.