When preparing for a jury trial, lawyers are more often focused on what to say rather than how they look when they say it. A recent study on human brain function and its interpretation of the words and gestures, reminds us that the gestures you make before a jury are as equally important as the words you say.
Now I must explain the Subtle Approach. There are three occasions on which we cannot use the Direct Opening, and these we must consider carefully: (1) when our cause is discreditable, that is, when the subject itself alienates the hearer from us; (2) when the hearer has apparently been won over by the previous speakers of the opposition; (3) or when the hearer has become wearied by listening to the previous speakers.
- Cicero "Ad Herennium"
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