Johnnie Cochran | New York | Ben Brafman

Law & Order

by Ashley Jude Collie
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I always wear a colorful tie and a collar pin with my suit - it's a way to express my personality. Johnnie Cochran and I were trying the Puff Daddy case, and there was huge buzz in the New York press. He graciously let me carry the ball. And when I initially addressed the jury, to ease the tension, I said, "My name is Ben Brafman. My cocounsel is Johnnie Cochran. The way you can tell us apart is that I always wear a pin in my collar." The humor helped everybody relax a little bit. Plus, it also took the issue of race out of the case because I separated the two of us not by the color of our skin but [by] my tiepin.

You did stand-up comedy as a teen, learning to work the room - how has that experience added to your formidable skills in the courtroom?
There is a bit of theater in live trial work, some showmanship. However, it's mostly hard work, preparation, good instincts, and knowledge of the law. But people skills are important. Most successful trial lawyers have a quality that helps them make strangers feel comfortable. Understanding witnesses and how to approach them has a lot to do with your success. While you're not necessarily working a room, you are selling a part of your own credibility in every case. The fact that jurors react positively to you, that they think you're reasonably intelligent, that you're a nice guy who they might have a cup of coffee with, definitely helps.

You often find yourself in high-­pressure, maybe terrifying, situations in court - how does humor help alleviate some of that gravity?
I know of no other profession that carries with it the intense pressure, where everything you say is taken down, and how you react or fail to react will impact the quality of someone else's life. The seriousness is sometimes overwhelming. As I've gotten older, I've realized humor can be used very effectively. My sense of humor gives me an escape hatch from what would be such overwhelming pressure it would drive you crazy.

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