"We didn’t lose the case because the facts weren’t strong. We lost because the judge didn’t like our Client.", I told my co-counsel.
I once handled a medical negligence case involving a client who had undergone a procedure that allegedly went wrong. She was convinced the doctor had made a serious error, and from a technical perspective, she had a fairly strong case.
We had reports, photos, even a second expert opinion backing her claim. On paper, things looked promising.
But then came trial day.
When she took the stand, she didn’t just testify... she put on a whole @$$ performance.
She was emotional, animated, and dramatic. Her sentences were laced with indignation. She rolled her eyes, sighed loudly, and even interrupted a few times when she didn’t like how questions were being asked. From her POV, I understand that she was trying to show how deeply she’d been affected by the incident.
But to the judge (who was probably already exhausted, handling multiple simultaneous hearings), it came off as theatrical and exaggerated. Worse, it made her seem less credible.
On the other side, the doctor (who arguably had more to lose) was calm, collected, and respectful. She didn’t deflect blame, didn’t get defensive. She answered questions clearly, admitted what she could have done better, and came across as thoughtful and sincere.
From the judge's reactions, that contrast in demeanor played a determining role in the final outcome.
The judge didn’t buy into my client’s story. Not because the facts weren’t there, but because... how to say... "the messenger got in the way of the message".
That trial taught me something that I now remind every witness I work with: How you say something matters just as much as what you say.
In court, likability isn’t about being charming or performative. It’s ultimately about being credible + trustworthy. And more often than not, that will make or break your case.
Rudi Cheu (rudi@rulecolaw.com) is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
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