Trial Magazine
Hear Our Voices
Gay Is Good: Diversity Makes Us Better Trial Lawyers
In these pieces written by AAJ’s LGBTQ+ trial lawyer members, read about their experiences and stories they want to share.
October 2024Being a trial lawyer is all about trying cases in front of a jury. This job isn’t just about knowing the law; it’s also about understanding people. Every juror, judge, and opposing lawyer brings their own experiences and biases into the courtroom, and it’s our job to understand and work with these individual perspectives.
I’m a gay, white, cisgender man, which is different from the usual profile of a trial lawyer, who is more often straight and male. This difference puts me in a unique position. I can relate to those who don’t fit the usual mold because, in some ways, I don’t either. And yet, because I appear to some as likely to be part of the straight male “club,” others often make assumptions about me, who I might be attracted to, and the perspectives that I may have.
Living at this crossroads of identities teaches me a lot. It shows me that many of us live in more than one world and that understanding different perspectives is essential to connecting meaningfully with the people around us. This is especially true in court. Knowing that people from different backgrounds think differently helps me connect with jurors better—and it stops me from making assumptions that could be detrimental to making my client’s case.
Empathy means more than seeing someone else’s point of view. It’s about connecting with their feelings and their broader life context. When jurors listen to testimony or judges consider arguments, they don’t rely solely on facts. Their emotions and biases play a large part, too. I try to reach them on a personal level, which makes my arguments stronger and more meaningful.
From my own experiences of needing to fit in and avoid conflict, I have the ability to read the room. This skill—being observant and sensitive to others’ reactions—greatly helps me in trials. If a juror needs clarification, I know I need to explain things differently.
As a minority, I understand how important it is that everyone in the courtroom feels both seen and heard.
Whether I’m picking jurors or presenting a case, I make sure to consider everyone’s perspective. This approach is crucial, especially in cases about civil rights or discrimination, where I can bring genuine passion and insight to my arguments.
All trial lawyers must appreciate the diversity of America. Understanding each juror’s unique background is key to jury success. The Seventh Amendment isn’t just for settling disputes among white, male landowners anymore. It’s about ensuring justice for everyone.
The courtroom is a place where different parts of society come together, and our ability to navigate this with empathy defines our success and integrity.
By embracing the diversity around us, we gain deeper insights and connect better with the people and communities we serve. The courtroom is a place where different parts of society come together, and our ability to navigate this with empathy defines our success and integrity.
Being gay has shaped who I am, and by using these personal experiences as lessons, has improved how I practice law. It has taught me the value of empathy, helping me understand and meet the different needs of jurors and judges. In today’s world, where understanding and inclusivity are crucial, embracing our identities, learning from them, and respecting the identities of others makes us better lawyers and moves the needle closer toward justice for all.
Stephen Skinner is a partner at Skinner Accident & Injury Lawyers in Charles Town, W. Va., and can be reached at sskinner@skinnerfirm.com.