Breathing is something we do all day without thinking—but in the courtroom, how you breathe can make or break your presence. In this episode, I unpack why breath is the most underutilized tool trial attorneys have for grounding themselves, projecting confidence, and even regulating the jury’s emotional state. You’ll discover how the mechanics of breath affect your voice, how the nervous system responds to shallow vs. deep breathing, and why your breath is contagious in the courtroom.

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In this episode, you’ll learn:

1. Why shallow breathing leads to vocal strain, fatigue, and tension.

2. How intentional abdominal breathing powers your voice and presence.

3. The neuroscience of breath: mirror neurons, the vagus nerve, and nervous system regulation.

4. How your breathing patterns unconsciously influence your jury’s focus and receptivity.

5. Practical strategies to practice deep breathing in everyday “transitional moments.”

Key Takeaway:

Your breath isn’t just oxygen—it’s leadership. The way you breathe sets the emotional temperature of the entire courtroom.

Favorite Moment:

“Sometimes the most powerful message you give your jury isn’t spoken. It’s modeled—in the calm of your breath.”

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TRANSCRIPT:

Hellllooooo! Hello Foster Fam! Hope you're enjoying these last days of summer. We're starting to get some cooler days and some light rain sprinkled in between the heatwaves, which is really welcomed.

By now, kids are back in school and it seems like everyone is getting their fall routine dialed in. Even though I don't have kids, all my years as a student, and then as a teacher, I just still feel SUCH a strong connection to "school year" calendaring.

With all the activities and calendaring, inevitably comes the stress of being busy and...what i think is worse...the guilt of being busy. The life of a litigator IS a full and busy life. And so often, you don't have 100% control of your scheduling. It seems like the Court just schedules willy nilly, and then sometimes you have Defense council that just books a last minute depo without checking in with you. Just...you know...total disregard for your calendar. Whatevs.

So, yes...you are busy. And if you DON'T LIKE being as busy as you are, then I encourage you to make some adjustments as far as you ARE able. Calendaring systems, delegating, hiring out...there are some options.

BUT...Some folks just thrive more when they are booked to the hilt. AND, if you like what you DO, it doesn't actually feel overwhelming, and not everyone understand that.

When i was running a theater company, I was really busy. I worked with my staff in the office during the day, then I visited class locations to connect with teachers and students multiple nights per week, and then I had rehearsals on weekends either personally directing shows or visiting other show rehearsals to deliver items, check in, help with training, etc.

Friends of mine that had structured their life around a 9-5 schedule and had a job they walked away from each day, just did not (and could not) understand the rhythm of my life. Nor could they be gracious for why I didn't have energy to be super social.

The truth is that I didn't WANT to be. I WANTED to be doing all the theater things I was doing. Just because they didn't understand it, didn't mean I was doing anything wrong. I didn't feel overworked or overwhelmed. They just thought that I SHOULD, so they judged me for "being too busy." And then, it was hard not to judge myself based on their assessment.

I guess I just want to say that, if you are in agreement with and in harmony with your primary relationships (spouse/partner, kids), then I just want to encourage your to not let others' voices have power over you. If you love being busy, love jet-setting to depos, and your inner circle supports you in that love...then release the ignorant messages of those who don't have a weighted voice in your life.

You have permission to enjoy living a busy life. Okay...rant over.

—BREAK—

Today, we’re talking about one of the most powerful, yet underappreciated tools you have in the courtroom: your breath.

I know, it sounds simple. You breathe all day long, every day, right? But here’s the thing—how you breathe directly impacts your voice, your nervous system, and…even your jury’s ability to stay calm, focused, and receptive.

Your breath doesn’t just support & provide power for your words. In a lot of ways, it sets the energetic vibe, or emotional temperature, of the whole room.

Why Breath Matters for Your Voice

So, how DO you breathe? Let’s start with the mechanics.

Your vocal cords are tiny. They’re about the size of a dime, or your thumbnail, and they sit right at the top of your airway. That means any tension you carry in your chest, shoulders, or neck has a direct effect on their freedom to vibrate.

If you’re breathing high into your chest, relying on shallow inhales, you’re actually tightening the very muscles that should be loose so your voice can resonate. So, it's not surprising that you sometimes feel vocal strain, fatigue, and a tone that feels pressed instead of powerful.

But when you can shift your breath lower—initiating with your abdominal muscles instead of your chest & shoulders—you not only free your throat, you create a steady, sustainable power source for your sound.

Breath and Your Nervous System

But there's something even bigger at play—your nervous system.

Breathing isn’t just about oxygen intake. It’s about regulation. Your autonomic nervous system—that's the one that manages stress and relaxation—responds instantly to how you breathe.

When your breathing is shallow and quick, you activate your sympathetic nervous system, that's your “fight-or-flight.” That’s great if you’re running from danger. Or even when you need a burst of get-up-and-go during your day. But it’s not so great if you’re trying to be less frenetic, when you are trying to get grounded and take command of the space.

So, the good news...when you slow down your inhale and especially your exhale, you activate the parasympathetic nervous system—the “rest-and-digest” or relaxation response. That’s where you start to really step into leadership. That's when you get clear. That's when you feel in control.

So, what I think is just a remarkable thing is that you get to be strategic about this; about your breathing. Even though you breathe all day, every day, without having to think about each single breath. But when you WANT to effect the energy of the room, when you WANT to feel grounded and resonant, you can absolutely accomplish this by taking your breath out of it's autonomic function and do it strategically and purposefully. Very cool!

Your Breath is Contagious

Okay, now...if you thought THAT was remarkable, the REALLY fascinating part is that your breath doesn’t just affect you. It affects everyone in the room. You breathing is contagious.

Humans are wired for something called “physiological mirroring.” We unconsciously sync with the breathing and body rhythms of the people we’re watching. So if you’re breathing shallow and fast, your jury will actually start mirroring that pattern. Their sympathetic nervous system revs up. They feel restless. On edge. Less receptive.

But if you’re breathing slowly, visibly, with grounded ease—your jury starts to mirror that. They breathe deeper. Their heart rate slows. Their nervous system downshifts. And suddenly, you’ve created a room that feels safer, steadier, more open to what you have to say.

This is how you help jurors settle in, process information, and make thoughtful decisions. This is the state you want your jurors to get to; the state where calm thinking, empathy, and good decision-making live.

Your breath is leadership. Isn't that wild?

Practical Example

Let’s imagine voir dire. You’re nervous. Your heart rate is up. Maybe you’ve got a tight chest, fast breaths. If you push through without adjusting, jurors will pick up on that energy—whether they realize it or not.

But what if, before your first question, you pause. This can start even as you stand as the jury enters. This is a great time to establish yourself. Inhale deeply, expanding your belly. Exhale slowly, letting your shoulders drop. Hold steady, but not creepy, eye contact. Look pleasant. Lift your cheeks but keep your breath low.

Taking that intentional moment regulates you. But it also sets the tone for them. The jury feels the calm. They sense steadiness. They’re more likely to meet your openness with their own.

Science Meets Strategy

Let’s just review this with a little brain science thrown in.

Remember that we've all got "mirror neurons." These are brain cells that fire when we see someone else act. This is wherethat physiological mirroring comes from. This is why yawns are contagious, why a smile makes us want to smile back—and why your breathing patterns ripple out into your jury.

We also have the vagus nerve that is involved. It's the 10th cranial nerve that runs through your chest and abdomen, across the top of your diaphragm. So, deep, abdominal breathing stimulates and tones it. When the vagus nerve is activated, heart rate lowers, digestion improves, and the body signals “safe.” That sense of safety is the foundation for learning and decision-making.

So when you take that slow, steady breath, you’re not just calming yourself. You’re literally leading your jury’s nervous systems toward a better state for focus and thought.

How to Practice

Now, I will say that this intentional way of breathing, this low breath that's initiated from the abdominal muscles, takes some practice. There ARE times that your body does it naturally (like when you sleep), but we want to be able to do it ON PURPOSE, and ideally when we're not just lying down. ha!

So, I always recommend practicing throughout your day, ideally in what I call "transitional moments." Moments that don't carry any weight or meaning but that you do regularly. Now you can add intention to them and do "habit stacking." Take something you already do as a habit and stack a new skill on top of it.

So...

1. Every time you close your car door, take one deep belly breath with a long exhale.

2. Every time you pick up a file in your office, do a long sigh before you open it.

And eventually...

1. Every time you rise to speak, pause just long enough to breathe once, fully.

2.  

These micro-moments train your body to default toward calm, regulated breathing.

Closing Takeaway

So here’s the takeaway for today:

1. Breath powers your voice.

2. Breath regulates your nervous system.

3. And your breath sets the emotional temperature for your jury.

When you breathe shallow and fast, you pull everyone into tension. When you breathe deep and steady, you create a space where people can think, feel, and decide with clarity. Plus YOU'RE able to think, feel, and decide with clarity.

Remember: you don’t have to fill every moment with words. Sometimes the most powerful message you give your jury isn’t spoken. It’s modeled—in the calm of your breath.

So this week, I want you to practice. Not just for yourself, but for the room you’re leading. Because when you breathe well, you don’t just foster your own voice—you foster the environment where your jurors can truly hear it.

Until next time, keep breathing steady, and keep fostering your voice.