Johnnie Cochran | New York | Ben Brafman
Law & Order
by
Ashley Jude CollieI 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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