How Hand Gestures Can Speak Volumes

Cara was interviewed by Anayat Durrani of PlaintiffMagazine.com to comment on a verdict that was overturned because of a hand gesture.

"In June 2012, a judge ordered a new trial for a case that produced a $212 million verdict against a Botox manufacturer due to hand gestures used by the plaintiff 's lawyer in closing arguments. The lawyer, having agreed not to make reference to an official FDA 'black box warning' regarding the dangers of Botox side effects, however, used his hands to demonstrate a box as he explained to the jury the need for a voluntary warning."

Gestures fall into two categories - natural (reaching out, opening the palms, motioning back and forth) and descriptive (giving a thumbs up, or drawing a circle in the air while saying "around"). Clearly, the lesson in this case is for attorneys to be mindful of their descriptive gestures. These gestures are, in fact, language. However, the mistake would be to restrict all gestures. Natural gestures help the attorney to create a relationship with the jury. Get a PDF of the full article.