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When Is Facial Hair on Clients and Witnesses?

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When Is Facial Hair on Clients and Witnesses? When Is Facial Hair on ClieKnts and Witnesses? BY JAN MILLS SPAETH & ROSALIND R. GREENE S N O M M O C E V I T A E R C / Z M L I H P T A H P E H T © Traditional attitudes toward men’s facial hair have certainly taken a G R turn in recent years, with O . V T C the popularity and media R M coverage of beards and © mustaches skyrocketing. The Boston Red Sox definitely enhanced the Brian Wilson’s $1M beard national trend for growing beards two years ago when the entire team sported whiskers for solidarity before their World Series win. Famed baseball player Brian Wilson gained applause and fans when he refused in 2013 Michael Johnson, 2014 Freestyle Beard Winner 16 ARIZONA ATTORNEY JULY/AUGUST 2015 www.azbar.org/AZAttorney JAN MILLS SPAETH, Ph.D., and ROSALIND R. GREENE, J.D., are litigation consultants with Advanced Jury Research, based in Tucson. Working throughout the state and nationally, they assist with jury selec - tion, witness preparation, case strategy and focus groups/mock trials. Dr. Spaeth has published DVDs on witness preparation with the American Bar Association. They can be reached at 520-297-4131. www.adjuryresearch.com. A recent World Beard and Mustache Championship was held in Portland. With roughly 300 entrants from around the world, and 18 categories, it was a media extravaganza. As can be seen by Michael Johnson’s whiskers (winner of the freestyle beard), the trend was toward the extreme. Opinions of Beards and Mustaches Roughly 33 percent of American men sport facial hair. 1 Numerous studies over the years have had sharply contrasting results regard - ing the correlation between facial hair and perceptions of character, maturity, creativity, competence, kindness, strength, and attractive - ness. These findings differ based on trends at the time of the study, K C O T S R E T T U H S © to shave his beard for the chance to play with the New York Yankees, or to get $1 million from 800razors.com. Other people and events have unquestionably amplified the full beard’s esteem (or its notoriety, via the occasionally con - troversial Duck Dynasty ). Beards have taken on new attention with the now-annual “No Shave November” (also known as Movember , for the mustache) in support of health issues. In 2013, it was in support of cancer. In 2014, it was in support of men’s health awareness. Even the Today Show male anchors and staff sported beards and mustaches for the November event. Duck Dynasty full beards www.azbar.org/AZAttorney JULY/AUGUST 2015 ARIZONA ATTORNEY 17 When Is Facial Hair OK? K K C C O O T T S S R R E E T T T T U U H H S S © © the styles of beards shown to respondents, and the types of respondents (women, men, employers, college students, etc.). So how do you decide whether facial hair is OK for your clients or witnesses when testifying before fact finders, such as juries, judges or arbitrators? First, consider how your clients or witnesses currently present to others. Second, determine how you want them to present. Third, assess the impact of facial hair on case issues . In general, numerous research studies have shown that men with facial hair are often perceived as confident, mature, com - petent, and composed. 2 Other researchers have agreed, adding intelligence and Ashton Kutcher, baby face to bad boy courage to this mix. 3 On the other hand, facial hair can be suggest dominance and competitiveness. 5 rape case, and which belonged to a plaintiff viewed as intimidating, threatening, mean These perceptions are amplified if the men in a head-injury case. A total of 78 percent and aggressive, even when all other factors appear to be angry. 6 picked the bearded photo as being the rape were identical. 4 Beards and mustaches also In a New Jersey study by researchers defendant. 8 at Montclair State Uni- versity, 371 people were K C O asked to sketch the face T S Studies have shown R E T of a criminal defendant. T U H S E Surprisingly, 82 percent that men with facial © of these sketches con - tained facial hair. 7 hair are often perceived These studies sug - gest that if your client as confident, mature, has been accused of competent, and discrimination, child abuse, assault, kidnap - composed. ping, murder, or any count that involves dominance and control over To play it safe, clients charged with sex - another, you may want your ual offenses or sexual harassment should be client to be clean-shaven. clean-shaven, as this has been shown to This is also true if you have suggest innocence and openness more than an angry client who has diffi - bearded faces. 9 In addition, facial hair sug - culty keeping anger or impa - gests more sexuality and higher testos - tience in check. terone levels than does a clean-shaven In another study by these face. 10 Note the difference in Ashton same researchers, 63 mock Kutcher’s projection of sexual innocence jurors were shown two pho - without facial hair. tographs of men who were similar, but one was clean- Facial hair may not be viewed negatively shaven and one had a beard. in child custody cases, however, if the They were asked which photo father has not been accused of being abu - Ben Affleck’s full beard may suggest good parenting skills—though it belonged to a defendant in a sive with any family members. A 2012 may not prevent divorce 18 ARIZONA ATTORNEY JULY/AUGUST 2015 www.azbar.org/AZAttorney When Is Facial Hair OK? K C O T S R E T T U H S study found that women © is in an unconven - rated men with full beards tional field, such as as potentially better parents a professor, artist, because of perceived maturity author, actor, musi - and competence. 11 Bearded cian, or researcher, men were perceived as better beards and mus - able to protect and invest in taches are consid - offspring. Another study ered acceptable, confirmed that bearded men and often expected. were viewed as having more But facial hair in maturity and greater respon - professions such as sibilities. 12 law, finance, medi - K C O T S cine, and politics R E T T Researchers also have U is less tolerated or H S found that a stubble growth © expected. In 1908, was rated high by women in Tom Hanks’ two sides: Which face comes across as a better team player? William Howard terms of sexuality and attrac - Taft was the last tiveness, but this would be inappropriate as they became more common. 14 president to be elected with facial hair. 17 and potentially disrespectful for a deposi - Some studies have also correlated men’s Keep in mind that there is less tolerance tion or courtroom setting. 13 Their studies beards and mustaches with leadership, and appeal for untrimmed or shaggy facial also indicated that beards were attractive to knowledge, education, and confidence. 15 hair, long beards, or flamboyant styles. women when rare, but this effect wore off So if you want a plaintiff to project as expe - rienced, accomplished, Employers generally prefer clean- and qualified (such as shaven job applicants, as they are perceived S N in employment qualifi - as more cooperative, helpful, open, cheer - O M M 18 O cation, management or ful, and socialized. This is especially true C E V I T patent cases), facial hair when employees are involved in sales or A E R C could be a benefit to marketing. Keeping this in mind, if you the plaintiff. This also have a client who comes across as sullen, applies to expert wit - defensive, resisting, unsocial, and/or nesses who need to proj - unhelpful, he might present better without ect competence, knowl - the facial hair. Also, if you have jurors edge, experience, and whose jobs involve hiring others, they may confidence (especially if be more accepting of clients and witnesses they appear young, hesi - without facial hair. tant, uncertain, or have “baby faces”). Neatly Those with beards are often seen as trimmed beards and more courageous and uncompromising mustaches (which is the M key here) can give a look O C . G O of sophistication and L B S T E authority to expert wit - J E H nesses. T Facial hair is also considered more appro - priate for some occupa - tions than others, according to research. 16 If your client or witness Antonio Garay’s artistic beard while playing for the President William Taft, the last President with facial hair (so far) San Diego Chargers 20 ARIZONA ATTORNEY JULY/AUGUST 2015 www.azbar.org/AZAttorney 4 1 0 2 , 4 1 . N A Jurors whose jobs involve hiring J / R U O H S W others may be more accepting of clients E N / G R O . S B and witnesses without facial hair. P © Elaborate and extreme K C 19 O than their clean-shaven counterparts. If and conservative is usually favored over T S R E T you have a client or witness viewed as a unique or eccentric. T U H S “whistleblower,” or as an initial plaintiff in Any facial hair that stands out from the © a class-action suit, for example, facial hair norm should probably be avoided for could be an advantage. On the other hand, clients and witnesses. For example, if you those with beards can also be viewed as want them to be taken seriously, they rebels and uncooperative, so this could be should avoid the elaborate and extreme.
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