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FYV #42 - Talking With Your Hands: How Gestures Can Win or Lose Jurors

gestures hands nonverbal communication Oct 27, 2025
 

Your hands are speaking in court—whether you mean for them to or not. In this episode, Kristi unpacks why gestures matter as much as words, how jurors process them as part of your message, and how you can use them strategically to reinforce rather than distract.

Learn how to balance movement so you look authoritative instead of chaotic or rigid, and discover how pairing tone with gesture creates courtroom communication that sticks.

 

LISTEN HERE...

 

In this episode, you’ll learn:

  1. Why psychologists call gestures “co-speech gestures” and how the brain fuses words + movement into one message.

  2. The difference between quick, sharp gestures and slower, deliberate ones—and when to use each.

  3. How mismatched or random gestures overload jurors’ working memory and cause distraction.

  4. Why purposeful gestures reinforce clarity and credibility while nervous energy undermines both.

  5. How to pair gesture with tone for maximum juror engagement.

 

Key Takeaway:

Gestures aren’t decoration. They’re part of your message. When used strategically, they amplify clarity and trust. When left unchecked, they create confusion and distraction.

 

Favorite Moment:

“This is not a question of style. It’s a question of cognitive load. Jurors only have so much working memory to process what you say. If you burn it up with mismatched or distracting gestures, there’s less capacity left for your actual case.”

 

Links & Resources:

Interview with Daniel Pollack-Pelzner:https://www.pdx.edu/news/genius-lin-manuel-miranda-qa-author-psu-scholar-daniel-pollack-pelzner?fbclid=IwY2xjawNKPSxleHRuA2FlbQIxMABicmlkETFaNER6WW13SDN3V3kxYnFwAR6I0Y_30ehGlq5b3-PMjgT2BDueRd_JGkRoeUmJRNIVFk5oaRj6XPpY12wgCg_aem_DSp-OrEtJxGQp2JSY2ICwQ

Book "Lin Manuel Miranda: The Education of an Artist": https://www.simonandschuster.com/books/Lin-Manuel-Miranda/Daniel-Pollack-Pelzner/9781668014707

Top 20 Legal Terms to Avoid: https://www.fostervoicestudio.com/top20

 

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TRANSCRIPT:

Hellloooo! Hello Foster Fam! Welcome back to today's episode where I'll be talking about talking with your hands — the benefits and the pitfalls of gesturing.

 

My clients have sometimes commented on how easy I make this all seem — using expanded range and using gestures effectively. I'm really grateful for the compliment, of course, but it's the result of practice. I don't come by it naturally. Nobody does. These are SKILLS that I've developed through the years.

 

Now, I will say that my experience in vocal performance and theater accelerated my learning, but you don't have to be a professional singer or actor to be able to do the same. The key to unlocking these communication skills is curiosity. Be curious. Be willing to explore from an inquisitive mind. Have a sense of adventure when it comes to exploring development of your voice, face, body, and breath.

 

I just recently came across an interview with a visiting scholar at Portland State University, Daniel Pollack-Pelzner – who teaches theater history and English courses in the College of the Arts, and in the College of Liberal Arts and Sciences. He recently published a book called “Lin-Manuel Miranda: The Education of an Artist”, exploring the influences that shaped the iconic creator of the Broadway musicals “Hamilton” and “In the Heights.” Plus, the musical genius behind Disney's Moana, and...well, just so much more. I put links in the show notes for both the book and the interview.

 

In the book Pollack-Pelzner explores the idea that the artist, Lin Manuel Miranda in this case, isn’t a "born genius," but rather a tireless, relentlessly curious creator and empathetic collaborator who has never shrunk from an opportunity to experiment, fail and learn.

 

There are some really interesting, impactful phrases in that description. First, the idea that you're not "born genius." Genius is the result of cultivating skills and intentional work. Second, I love the phrase "relentlessly curious"—it really establishes curiosity as the breeding ground for growth. Next he refers to him as an "empathetic collaborator." Oh...that you would approach your jury with this same perspective! Being empathetic to where they're coming from, and then collaborating WITH them. Beautiful! And finally, that he has "never shrunk from an opportunity to experiment, fail, and learn."

 

I honestly can't say that about myself. I have often shrunk, especially in my younger years and especially when I wasn't certain that I would be successful. But there's something REALLY magical that happens when you can approach creativity, and courtroom communication, with the sense of wonder, being willing to just TRY something new; to test out your new voice, to be curious about it's impact, to adjust and try again.

 

I hope you check out the interview and book, but I invite you to start today by increasing your capacity for curiosity. Start wondering about things. Cultivate & nurture your inquisitive mind. And I'll do the same.

 

—BREAK—

 

Today we’re going to be talking with our hands! Now, I’ll tell you this up front—when coaching, I’d always rather rein in an attorney who moves too much than try to bring a stiff, frozen robot to life. Movement, when done with purpose, can add life and authority to your presence. But—and this is important—both extremes can hurt you. If you’re overactive, you look chaotic. If you’re underactive, you look rigid. Neither communicates leadership in the courtroom.

 

So, let’s talk about how your hands communicate, why jurors are constantly reading them, and how you can use them intentionally to reinforce your message instead of undermining it.

 

Why Hands Matter as Much as Words

What many people don’t realize is that your hands communicate almost as much as your words do.

 

Psychologists call gestures “co-speech gestures.” They’re part of the same communication system as your voice. Research shows that gestures actually help listeners process and remember information. In fact, the brain doesn’t separate words from gestures—it fuses them into one message.

 

That’s why purposeful gestures can reinforce your message and make it easier for jurors to understand. But random, disconnected gestures? They compete with your words, forcing jurors to split their attention. And when that happens, retention drops.

 

The Power of Gesture When It Works

Let’s start with the good news: your gestures can be one of your strongest tools in court.

  1. Quick, sharp movements signal urgency, excitement, or even anxiety. Used strategically, they’re perfect for highlighting a pressing point—like drawing attention to the timeline of an event or the moment of a defendant’s choice.

  2. Slower, deliberate gestures communicate thoughtfulness and control. They give jurors time to follow your reasoning and mirror the cadence of reflective thinking.

When your gestures match your words, you’re adding layers of meaning. You’re locking in your message. You’re giving jurors multiple channels—auditory and visual—through which to absorb your point.

 

When Gestures Backfire

But here’s where the trouble comes in: when your hands are moving just for the sake of moving.

A lot of attorneys fall into this trap. You think you’re creating energy, coming across as lively, approachable, personable. But if your hands are active with no connection to what you’re saying, it backfires.

 

Why? Because each gesture is another piece of information jurors have to process. And if your words say one thing but your hands say another—or nothing at all—they’re forced to reconcile the mismatch. That sends them down a mental rabbit hole of, “Wait, what does that mean? Why did they do that?” Meanwhile, your argument keeps moving forward, and now they’ve missed it.

You’ve lost them.

 

This is not a question of style. It’s a question of cognitive load. Jurors only have so much working memory to process what you say. If you burn it up with mismatched or distracting gestures, there’s less capacity left for your actual case.

 

Strategic Gestures and Tone Together

So, what’s the fix? Be strategic. Do I sound like a broken record? It's all about being strategic and communicating ON PURPOSE.

 

Match your gestures to your message. Reinforce your point—don’t distract from it. If you’re showing sequence, use your hands to mark first, second, third. If you’re talking about size, show scale with your hands. If you’re emphasizing weight, push downward with your palms.

 

And to really level up—pair gestures with tone.

  1. Slow gestures + calm voice = de-escalation, stability, safety. Perfect when jurors need reassurance or when emotions in the room are high.

  2. Faster gestures + louder tone = urgency, passion, momentum. Perfect when you’re driving home injustice or highlighting a key point.

 

When tone and gesture align, your message resonates with full force. Jurors see it and hear it—and that dual channel encoding makes it more memorable.

 

Closing

So here’s today’s takeaway: gestures are not decoration. They’re not filler. They are part of your message.

When you use them purposefully, they reinforce, they clarify, they deepen. But when you let them run wild, they create distraction, confusion, even mistrust.

 

So the next time you’re practicing an opening or closing, don’t just think about your words. Think about your hands. Ask yourself: Does this movement support my message? Does it align with my tone? Or is it just nervous energy I need to rein in?

 

Because your hands are always speaking—whether you mean them to or not.

 

Now, if this was helpful, share the episode with a colleague who could use a reminder that jurors are watching more than just their powerpoint slides. And don’t forget to subscribe to the podcast so you don’t miss an episode.

 

Until next time—keep fostering your voice.

 

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