18 Secrets of Criminal Defense Attorneys

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iStock

It's one of the more thankless jobs in the legal arena. Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes. "It's an all or nothing game," says Jeffrey Lichtman, a New York-based attorney who has represented John A. Gotti and accused Mexican drug lord Joaquin "El Chapo" Guzman. "It's win or lose. There is pressure, excitement, and responsibility in being a criminal defendant's only protector and support."

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

1. ATTORNEYS DON'T ALLOW THEIR PERSONAL FEELINGS TO TRUMP DUE PROCESS.

Some defendants have clearly committed terrible crimes, but they still have constitutional rights—so attorneys don't let their personal feelings about a crime get in the way of a client's defense. “There’s never been a day I stood up for someone accused of a crime where I would endorse that crime,” says Tritico. “I don’t justify the act of blowing up a building and killing 168 people. But McVeigh has to be protected and his rights have to be protected. People like me have to be willing to stand up and say, ‘I will stand up for you.’ You do it for McVeigh and you do it for everyone.”

2. BONDING WITH CLIENTS IS KEY, REGARDLESS OF THE CRIME.

It can be hard to find common ground with someone accused of misdeeds that could land them life in prison or even a death sentence, but defense attorneys say that there’s usually a way to relate to their clients as human beings—and the case will be better off for it. Lichtman became friendly with Gotti by discussing family; Tritico found McVeigh to be amiable. “I wanted Tim to like me and I wanted to like him,” he says. “I wanted him to trust my decisions. It doesn’t happen every time, but the vast majority of the time, I like them.”

3. THEY RESEARCH JURORS' BACKGROUNDS.

A criminal defense attorney addresses a jury

Examining a potential juror, known as voir dire, is an art. Both defense and prosecution want people in the jury box who can be swayed, though circumstances are usually stacked against the defense. "The jury is coming in ready to convict, as no one generally supports crime," Lichtman says.

When quizzing would-be participants, Lichtman talks fast: "I’m speaking a-mile-a-minute, looking to get the potentially problematic jurors to either knowingly or unwittingly expose their natural biases so that I can get them kicked off the panel for cause. The jurors who I think can keep an open mind or are anti-police I will not question at all, because I’m afraid they’ll reveal those biases and get struck by the prosecutor when he uses a peremptory challenge [an objection to a juror]."

Once in court, Lichtman focuses on finding the one person in the box of 12 to connect with. “I look up the backgrounds of jurors,” he says. “I’m looking for anything in the background I can exploit in order to tailor my summation to something that’s happened in their lives.”

4. THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE.

Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side. Jurors turning away from him are not. “You can tell who’s following you. They’re energized by your arguments.”

Evaluating how jurors are reacting allows Lichtman to make real-time adjustments to his arguments. "As I’m questioning a witness or beseeching the jury during a summation, if I see someone turn away from me, I keep that juror in mind and what may have turned him or her off, and try to rectify or address it down the road," he says. "If I have someone laughing, I know that there’s a juror who may not be acquitting my client but he or she is at least open to it, so I spend a lot of time working on them."

5. THERE’S A REASON THEY STAND SO CLOSE TO THEIR CLIENTS.

A criminal defense attorney stands near his client

The image of an attorney standing up next to their client as the verdict is being read is usually interpreted as a sign of solidarity, but lawyers may have another reason. Tritico says that early in his career, he took on a client charged with aggravated robbery. Despite Tritico’s advice to take a plea bargain, the man took his chance at trial—and lost. His sentence was 40 years. “I was looking at the jury as the verdict was being read and felt something moving,” he says. “He had passed out. From that point forward, I always grab my client by the arm to make sure that doesn’t happen again.”

Sometimes, it's the attorney who might need the assist. According to Tritico, hearing a man being sentenced to death, as he did with McVeigh, "might be the most sobering thing you'll ever hear in your life."

6. A CLIENT CAN BE THEIR OWN WORST ENEMY.

The adage about never, ever talking to police without an attorney present? It’s probably the single best piece of advice any defendant will ever get, yet many still refuse to let the message sink in. “I can’t think of anyone who has ever talked their way out of being charged,” Gates says.

It doesn’t stop there, though. Defendants idling in jail before their court dates can wind up digging themselves an even deeper hole. “They’ll write letters to people. The district attorney, at least in North Carolina, can get a copy. It might not be an outright confession, but there can be things that won’t put them in the best light. Phone calls are the same.” If they're upset with their counsel, some clients will even write letters of complaint to the DA or a judge, which might let slip some damning information that can be used against them later. “That will just devastate a case," Gates says.

7. THEY GET HATE MAIL.

A hateful message is written out on paper

Representing public figures like John A. Gotti, the son of notorious mafia figure John Gotti, often leads to attorneys being damned by association. Lichtman used to get hate mail, which later morphed into hate e-mail and other displays of contempt. “I’ve been spit on walking into court,“ he says. “I’ve been [called names] while sitting at the defense table by a witness walking off whose clock I just cleaned.” None of the vitriol has impacted Lichtman’s drive to mount the best defense possible for his clients. “I’ve never once apologized for what I do. Representing a suspected murderer does not mean I’m pro-murder.”

8. INNOCENT DEFENDANTS CAN MAKE THEIR WORK HARDER.

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says. While no attorney wants to see any client found guilty, it can be gut-wrenching to know the person might be punished for something they didn’t do. “We had one lawyer here [in North Carolina] who worked for 15 years for someone he felt was wrongfully accused, and he was ultimately able to prove it.” But that's unusual—more often, attorneys suspect their clients are innocent and have to look on as juries convict them.

9. SOMETIMES THEY GIVE THEIR CLIENTS MAKEOVERS.

A man admiring himself in a mirror in a menswear shop

If a defendant is partial to ripped jeans and heavy metal t-shirts, attorneys will often advise them to spend some time shopping. “It’s not about creating an illusion,” Tritico says. “But if someone comes in with, say, a mullet, I’m taking them to the barber. We’re buying slacks and a button-down shirt. You need to show respect for the system.”

10. THEY LOVE THE EXCITEMENT—BUT TRIALS DON'T MOVE AS FAST AS YOU THINK.

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

That said, no trial moves along at the speed presented by true crime documentaries or popular fiction. “Trials are not interesting to watch," Gates says. "They take a long time and many stretches are just boring. CourtTV, when they would put a camera in the court room all day? Like watching paint dry.” While many trials are over in three to five days, some take weeks or even months. In 2013, jurors spent seven weeks on the federal trial of notorious Boston gangster James "Whitey" Bulger and another five days deliberating on a verdict. (Guilty on 31 counts, including extortion and involvement in murder.)

11. THEY DON’T STAND UP AS OFTEN AS YOU THINK.

A serious-looking lawyer standing up and arguing her case in court

Another popular television trope is the defense attorney pacing, gesticulating, and thumping tables in an effort to exhibit some swagger in front of a jury. While rules for grandstanding vary by state, Gates says that, at least in North Carolina, he doesn’t spend a lot of time on his feet. “We have to question all witnesses from a seated position behind the counsel’s table,” he says. “We can’t pace around the room or pound on a rail. Most judges are not going to let you do a lot of dancing in front of a jury.”

12. THEY THRIVE ON CAN’T-WIN CASES.

Sometimes prosecutors are so determined to nail defendants—particularly in federal trials where ample government resources can mount suffocating cases—that defense attorneys see no obvious way to win. For Lichtman, that’s part of the appeal. While Guzman has yet to go to trial, Lichtman successfully defended Gotti against a litany of racketeering charges in 2005. “When I took on the 'El Chapo' case, I got calls from lawyers I respect saying, ‘You’re crazy, you don’t need this,’” he says. “What am I doing this for if not to take this case? How do you not want to take on challenging cases?” And the greater the obstacle, the more Lichtman prepares. “The more you work, the more you understand the facts, and the better your chances at trial.”

13. THEY BELIEVE THE BAIL SYSTEM IS BROKEN.

A car is parked in front of a bail bonds office

Jailed for a crime? You might be innocent until proven guilty, but that presumption doesn’t mean you’re free to walk the streets. Gates believes the bail system for freeing jailed clients is fundamentally unfair and designed to force plea bargains favorable to the prosecution. “They will reflexively argue for $250,000 bail when a person is unemployed,” he says. “There’s no chance a person could post it. A bondsman will charge at least $20,000.” In the Bronx, for example, the average wait time for a jury trial is 827 days. The longer someone is forced to live in a cell, the easier it is for prosecutors to make a deal—and avoid the dice roll of a jury trial.

14. PUBLIC DEFENDERS GET A BAD RAP.

While it’s true a high-profile attorney can deliver a compelling defense in exchange for a sky-high bill, the stereotype of public defenders assigned to indigent clients as being incompetent is undeserved. “It’s mostly television that gives them the bad rap of being an overworked, under-prepared lawyer,” Tritico says. “But at any of the public defender’s offices I’ve been in, they do good, solid work. It’s a rare day I see someone there who isn’t working as hard as I’m working when I’ve been retained.”

15. THE TRUE CRIME TV CRAZE IS CHANGING THEIR APPROACH.

Every week seems to bring a new docuseries obsession, from Making a Murderer to The Staircase. For lawyers addressing jurors, they have to factor in what these shows have "taught" viewers about the criminal justice system, even if it's not quite accurate. "True crime shows on TV have turned every layperson into an expert in their minds," Lichtman says. "So juries are less likely to believe expert witnesses, police officer witnesses, and prosecutors and defense lawyers because they know better."

Instead of fighting it, Lichtman leans into it. "For me, I don’t mind this new mindset because I play into juries’ natural skepticism in my theory of defense. I exploit the facts that seem impossible to believe, even when true, and beseech the jury to use their common sense gained from a lifetime of experience. And TV watching."

16. PUBLIC OPINION CAN INFLUENCE CASE STRATEGY.

Newspapers are stacked in a pile

Criminal cases can often draw local or national headlines, making prospective jurors aware of the personalities and details involved. A good attorney will always take notice of which way the public tide is turning while preparing a defense. "Public opinion has a huge impact on how I handle a case," Lichtman says. "After all, the jury is a small slice of that public opinion going into a trial, and I need to persuade them or dissuade them during my brief time before them. So it’s important to know what I’m dealing with beforehand. What are the areas of concern or preconceived notions for me at a trial that I need to develop or combat?"

Not doing so, Lichtman believes, is a gross oversight: "A lawyer who does not do his due diligence before the trial starts in learning what public opinion is about his client, or the conduct allegedly committed by his client, is a lazy fool."

17. THEY DON'T HAVE AN OBLIGATION TO DISCLOSE A CLIENT'S ADMISSION OF GUILT.

A lawyer walks away from a crowd of people

If a defendant decides to use their lawyer's office as a confessional, their counsel is under no obligation to turn around and pass that information along to law enforcement. "If a client discloses his guilt to me, I’m obligated to do one thing and one thing only," Lichtman says. "Not let him lie on the stand while under oath."

Defendants don't often testify on their own behalf anyway, but that kind of admission would make sure they don't. "It’s not the defense lawyer’s obligation to do anything but fight the government’s evidence. The search for the truth in a trial does not necessarily include me, the defense attorney," Lichtman says.

18. CLIENTS SOMETIMES WANT ADVICE BEFORE COMMITTING A CRIME.

A gavel rests in front of law books

It is legally and morally forbidden for lawyers to counsel anyone on the best way to commit a crime, but that doesn’t stop people from asking anyway. "I get it a lot, even today," Lichtman says. "'If I do this, is this OK?'" Lichtman will tell them what’s legal "up to the line" and no further. "All the advice is legal and above-board. I treat every conversation as if someone is listening."

All images courtesy of iStock.

11 Secrets of Butterball's Turkey Talk-Line Operators

Butterball
Butterball

Butterball’s Turkey Talk-Line started small. Their first holiday season in 1981, a team of six home economists answered 11,000 turkey-related questions from cooks across America. Things have grown a great deal since then: More than 50 phone operators now work out of the Butterball office in Naperville, Illinois—about a 30-minute drive from Chicago—and they answer 10,000 calls on Thanksgiving day alone. That’s not to mention all the texts, emails, and instant chat messages they also handle.

We spoke to three talk-line operators to find out what it takes to become a turkey expert and why they give up their own holidays to help others avoid disastrous dinners.

1. THEY NEED AT LEAST A FOUR-YEAR DEGREE IN A FOOD-RELATED FIELD.

The talk-line operators don’t call themselves “experts” for nothing. To be considered for the job, they need to have completed at least four years of a food-related program. Turkey talk-line supervisors Janice Stahl and Carol Miller both have degrees in home economics. Nicole Johnson, a talk-line coordinator, has degrees in nutrition dietetics and public health. There are also lots of registered dieticians on staff, and some of the other employees have worked as chefs or food stylists.

2. CONNECTIONS HELP WHEN IT COMES TO GETTING HIRED.

Positions on the talk-line are never formally advertised—only by word of mouth—so it helps to know someone who works there. Stahl says she found out about the job from her mother-in-law, who worked as a talk-line operator for more than 10 years. “It kind of takes a little bit of a connection to get in,” she says. “It’s a hot little commodity job.” In a similar vein, Miller found out about the job from a neighbor, and Johnson learned about it from a former teacher.

3. THE OPERATORS HAVE STAYING POWER.

Once someone does land a job, they tend to stick around a while. Many of Butterball's turkey experts have worked at the talk-line for over 10 years. "It's not a job where people really leave," Stahl told Patch in 2015. "We may hire one person a year."

4. NEW TRAINEES HAVE TO COMPLETE “BUTTERBALL UNIVERSITY.”

"Then and now" photos of Butterball's kitchen
Butterball

During their first three years on the talk-line, all Butterball “freshmen” have to complete a one-day training seminar, dubbed Butterball University, at the start of each season. They’re assigned a specific method of turkey preparation, and spend the day cooking in the Butterball office kitchen. Butterball U attendees have tested out every possible appliance, from deep fryers to charcoal grills to sous vides.

“At the end of the day we’re looking at 10 or 12 turkeys that have been cooked in all these different methods,” Miller says. “Then we compare the appearance of the turkey, we compare time, we compare the juices that are in the bottom of the pan—Is there a lot of juice? Is it brown juice?” That way, “when the phones start ringing or the texts come in, you have actually visualized it," she says.

All of the experts also have to complete “advanced training” each year, which covers Butterball’s products and provides a refresher course on how to operate the phone and computer systems. (The computers are used to keep a record of the type of questions received, which are sometimes discussed in future training sessions.) New this year is a system that allows callers to hang up and have an operator call them back, instead of being put on hold. The wait can be short or long, depending on how many callers they have that day, and how chatty they are. "Sometimes the call will vary from 30 or 45 seconds to 30 to 45 minutes," Johnson says.

5. THEY HEAR ALL KINDS OF CONFESSIONS.

Because the talk-line operators are so sweet, affable, and non-judgmental, many callers feel comfortable telling them all kinds of personal details. “We are kind of like a confession hotline,” Stahl says. “We’ll get the husband on one line and the wife on the other because there’s been a dispute about what temperature the oven should be.”

One year, a new bride called into the hotline in a panic. She was nervous about cooking for her in-laws and couldn’t tell whether the turkey was done. They could barely hear her whispering into the phone, and when they asked her why she was speaking so softly, she replied, “I’m in the hallway closet.”

Another time, a man wanted to propose to his girlfriend by placing a ring inside the turkey, then cooking it. Miller, who took that call, advised him against it. "At the time I was worried about food safety and the romantic moment! Crunching down on a diamond—either big or small—could have been a problem for the bride or whoever found the ring," she explains. “I convinced him it would be just as dramatic if he took the ring, got a piece of ribbon, and tied it on a drumstick and then brought the turkey into the gathering and proposed that way.” This happened in the mid-’80s, and Miller still wonders what happened to them, and whether the woman said yes. “By now they could have kids and grandkids, and I can just imagine grandpa telling that story.”

6. THEY SHARE THEIR TURKEY MISTAKES WITH CALLERS.

Two talk-line hosts are shown answering calls at their desks in 1988
Butterball

Some of the talk-line operators have had a few turkey mishaps of their own, and they'll share these personal stories with callers to let them know they’re not alone. “We’re all human. Everybody knows somebody that’s left that little treasure bag in the wishbone cavity of the turkey,” Miller says.

One time, Miller had an extra-large turkey but didn’t have a suitable pan to hold it, so she used a cookie sheet instead. “That was not a good idea because I spent I don’t know how much time bailing [the juices] out of the cookie sheet so that it wouldn’t go out and over the pan and into the oven,” she says. Another time, she “burned the heck out of a turkey” on a charcoal grill.

Stahl has a similar story. Once, after moving into a new home, she bought a turkey before checking to see if the oven worked. It didn’t, as she discovered on Thanksgiving day. So they ordered pizza instead.

7. THEIR CALLERS TRY TO THAW TURKEYS IN SOME PRETTY STRANGE PLACES.

Pools, bathtubs, dishwashers, jacuzzis—all have been used in attempts to thaw turkeys. One dad was bathing his twin kids and decided to put the turkey in the tub with them. Another family was having a large reunion at a hotel, and plopped 10 turkeys into the bathtub to thaw. “Picture the maid coming in and seeing that,” Miller says.

Turkeys have also been stored in some creative places when freezer space is lacking. Operators have heard from callers who left their turkeys in the trunk, only to discover that the weather warmed up the next day and ruined them. In states where it starts snowing in November, it’s not unusual for people to leave their turkeys outside in a snowbank. One year, someone did this and called into the hotline because they wanted to know how to find it. “The Midwest stories are the best,” Stahl says.

8. THEY CAN TELL YOU HOW TO MICROWAVE A TURKEY.

Butterball’s talk-line operators are trained in all methods of turkey preparation, including microwaves. After all, things go wrong and ovens stop functioning, so they need to be capable of guiding callers through the next-best-case scenario. In 2005, they got tons of calls from people living in FEMA trailers after Hurricane Katrina destroyed their homes. The shelters had microwaves but no ovens, and they wanted to know whether they could still cook a proper Thanksgiving meal.

“You can do it, but it’s gotta be about 12 pounds or less,” Stahl says. “You can even stuff it, stick it in the microwave, and we can walk you through all the steps. It works and it actually tastes really good. You wouldn’t know the difference.” The presentation, however, isn’t as nice as a turkey cooked in an oven. “It’s not pretty when it comes out of the microwave. That’s the only thing,” Stahl says.

9. THEY GET ASKED TURKEY-RELATED QUESTIONS EVEN WHEN THEY'RE OFF-DUTY.

While many of the turkey experts proudly wear a jacket with Butterball’s Talk-Line logo on the left side, they also know the risks. Namely, if they’re going to be leaving the house while wearing it, they should ensure they have plenty of time to talk turkey. “If you ask everybody in [Butterball’s office] on Thanksgiving day if they’ve ever been stopped somewhere out of the house with their Butterball jacket on and asked a question, I’m sure they all would say yes,” Miller says. She’s been stopped at the library, at soccer games, at Home Depot, and at the grocery store, so she always has to be on top of her game.

Stahl says she was at the grocery store when “some lady came after me in aisle three.” The woman didn’t know how to cook a turkey or even which aisle carried them, so Stahl sat down with her at a coffee shop inside the store and explained how it’s done—from start to finish. She didn’t mind helping, but conceded, “A grocery store is never where you want to wear a Butterball coat.”

10. THEY UNSUCCESSFULLY PETITIONED FOR A THANKSGIVING TURKEY EMOJI.

Butterball’s turkey experts launched a change.org petition last year to get Unicode, the leading authority on emojis, to introduce a cooked turkey icon. When responding to questions by text, the turkey experts sometimes throw in an emoji to make it more friendly and festive. However, they weren’t satisfied with the live turkey emoji because, as Butterball’s longest-standing talk-line operator Marge Klindera explained in a promotional video, “If your turkey looked like this, even we can’t help you.” Unfortunately, support was somewhat lacking—they got a little over 7500 signatures—and they never received their Thanksgiving emoji. “I think it might take a couple years to get the emoji,” Johnson says.

11. THEY DELAY THEIR OWN THANKSGIVING TO HELP YOU "HOST LIKE A BOSS."

Butterball’s turkey experts are scheduled to work from 6 a.m. to 6 p.m. on Thanksgiving day (and from 8 a.m. to 2 p.m. on Christmas Eve), which means they have no choice but to delay their own holiday celebrations. When it’s time for lunch, they order soup to help soothe their throats, since their voices are often hoarse by the end of the day. They don’t seem to mind one bit, though.

“All of us love to do this, and the really funny thing that people are kind of surprised to hear is that we actually all love to be there on Thanksgiving day because that’s the day when people need the most help,” Stahl says. “Those are the panicked calls that come in, like ‘I have a frozen turkey and it’s Thanksgiving morning. What am I going to do?’”

The rewarding nature of the job and the countless human connections they’ve formed are why so many talk-line operators keep coming back year after year. Johnson says the job is “exhausting in one way, but you still feel really good” for having helped save people from “turkey trauma.” So if you have a burning question about your forthcoming turkey feast, go ahead and give them a ring at 1-800-BUTTERBALL. They’d be happy to help.

16 Secrets of School Portrait Photographers

iStock.com/HKPNC
iStock.com/HKPNC

One by one, they form a little conveyor belt—throngs of students lining up to sit in a chair, look into a camera lens, and smile. For millions of kids, picture day is a way to memorialize their appearance in a given year, although later the out-of-fashion clothes or cosmetic growing pains may be a way to memorialize pure awkwardness. For the photographers tasked with the job, however, picture day means corralling hundreds of children and establishing a comfort level without any time to waste.

“We get about 30 seconds per kid,” Kristin Boyer, a photographer in Atlanta, Georgia, who has been taking school portrait photos for eight years, tells Mental Floss. “And it’s amazing how much impact you can have. You want to make them feel like a million bucks—beautiful, awesome, and smart.”

To get a better sense of what goes into the job, we asked Boyer and two other school photographers to divulge some of the more interesting aspects of wrangling kids for posterity. Read on for some insight into uncooperative subjects, why mornings make for the the best shots, and the importance of booger patrol.

1. SCHOOLS GET A CUT OF THEIR FEE.

While deals can vary by school, photographers typically get paid when parents order photos. The school then takes a percentage of that fee.

To select a professional, schools will often take bids. "I make a presentation," Boyer says. "I'll explain what I do. Sometimes schools are looking for certain things." Boyer takes more dynamic shots with ambitious outdoor backgrounds; some larger schools herding 1500 or more kids, she says, may want to opt for a simple portrait to expedite the process.

As for what schools do with their portion of the revenue, it depends on the school. But many usually sink it back into student programs.

2. PARENTS TAKE PICTURE DAY VERY SERIOUSLY.

A child poses for a school photo
iStock.com/HKPNC

“Parents are very passionate about their kids getting good school photos,” Courtney, a photographer based in Canada, tells Mental Floss. They might send along a note with their kid describing what they didn’t like about the previous year’s photo. “When I started, I didn’t expect the level of hostility with parents when a photo doesn’t go the way they want it to.”

Boyer has sometimes had parents ask to stand behind her while she shoots so they can take their own pictures. “I usually say no cell phone photos. If they take theirs, they won’t buy mine.”

3. THEY TRY TO TAKE PICTURES BEFORE LUNCHTIME.

For younger kids, mornings are better. After lunch, photographers are likely to need the help of photo-editing software. “One of my first-graders got spaghetti on them,” Boyer says. “You don’t want to let them start to get markers or food all over.” Boyer’s most unusual Photoshop request? “I edited out a cookie once. The kid would not sit down unless he had a cookie.”

4. KIDS ARE SOMETIMES TERRIFIED OF THEM.

A little girl in a yearbook portrait photo
iStock.com/HKPNC

Portrait photographers typically work across a spectrum of ages, from kindergarteners to high school seniors. If a child is very young, it’s possible the entire idea of sitting for a portrait will scare them silly. “You always get one or two that are just terrified,” Grant, a portrait photographer who works on pre-K to 12th grade, tells Mental Floss. “I’m a big, beefy dude, and sometimes a kid will get in there and see me and go, ‘Oh, I’m not doing this.’” To placate the pensive pupils, Grant makes a big show of leaving by stomping his feet, then lets one of his less-threatening assistants take the pictures.

5. YOUNGER KIDS TAKE EVERYTHING LITERALLY.

Photographers need to be careful when giving instructions to kindergarteners and first graders, who tend to process things with little nuance. “Sometimes I’ll ask a kid to high-five me and I'll act like it hurts,” Grant says. “I’ll ask for a Band-Aid. Sometimes they’ll look very serious and say, ‘I don’t have one.’” Another time, Grant asked a kid to point his knees toward a nearby computer. “He came over and touched his knee to the laptop.”

6. SOME KIDS INSIST ON HAVING PROPS.

A student poses for a school photo with an electronic keyboard
iStock.com/RyanJLane

A lot of photographers are switching up the conventional portrait by snapping pictures of kids outdoors, in "action" poses like jumping, or against more eclectic backgrounds. Kids are getting more creative, too. Like prop comedians, they will sometimes arrive for picture day armed with accessories. “I’ve seen everything from Halloween costumes to dogs and other pets,” Courtney, says. “Or they want to wear hats or sunglasses.” If it’s within reason and OK with the school, she’ll take one traditional photo and then let the subject pose with their prop for the second.

7. SELFIES HAVE MADE THEIR JOB HARDER.

Posing for a professional portrait can be a strange experience for a kid who has spent considerable time on a cell phone. “Kids have gotten much more comfortable in front of the camera, but it’s bad selfie behavior,” Boyer says. “Doing duck lips, thrusting their arms out to make their shoulders straight. You kind of have to re-train them.” Boyer lets them know it doesn't look good, but "I say it in a nice way."

8. “ORANGE CHIN” IS A PROBLEM.

A child poses for a school photo
iStock.com/imagedepotpro

Sometimes, fashion can betray kids. “Fluorescent green and orange tops seem popular now and light tends to bounce off of it and on the chin,” Grant says. “The bottom of the chin tends to turn orange.” Unless they happen to have an extra shirt or request a photo retouch, they’re stuck with it.

9. THERE'S A REASON THEY ASK KIDS TO TILT THEIR HEAD.

Aside from some unfortunate fashion choices, one staple of school photos is the head tilt, with kids cocking their faces off to one side. According to a school photographer on Reddit, there's a good reason for that. "These photos are going to be used for the yearbook (more than likely) and everyone should have somewhat of the same head pose," they explain. "The way we stage our lights does not flatter the subject when they're looking straight at the camera. If you tilt your head you're more likely to also move your chin in that same direction, which makes for a more interesting highlight/shadow play and also has the added benefit of making the face look smaller (if you're a little overweight)."

10. THEY USE A SYSTEM TO TRACK EACH KID.

A child poses for a school photo
iStock.com/HKPNC

With hundreds of students at a given school, photographers need a reliable system of identifying kids and making sure their names match up to their portfolio. While systems vary, one of the most common is to collect school data and then print a unique ticket with a student’s name, grade, homeroom, and a number. “Those have a barcode,” Grant says. “So they come up, we scan the ticket, and pull up their record. It’s like scanning soup at a grocery store.”

It’s also error-free, unless some senior decides to trade tickets with a friend so their names get mixed up on their school identification cards. “They don’t seem to think it out, though, because the homeroom teachers pass the cards out and will notice the picture isn’t of them.”

11. THEY HAVE SOME SILLY STRATEGIES FOR MAKING A KID SMILE.

Photographers have less than a minute to relax a kid enough so they deliver a broad, genuine smile. To facilitate that, Grant says he keeps a laundry list of groaners at his disposal to provoke a laugh. “It’s like a script tree that a telemarketer would use,” he says. “If a kid says they play soccer, I’ll say, ‘Oh, so you like kicking people?’”

Photographers also rely on another age-old technique: embarrassment. “In grades four to six, if you ask girls to say ‘boys’ and boys to say ‘girls,’ it’s so scandalous,” Grant says. “For a second shot, you ask them to say, ‘cute boys’ or ‘cute girls.’ That typically works.” Grant can also provoke smiles by asking about pet names. Elementary kids react to being asked to say, “trick or treat, smell my feet.” If they remain stubborn, Grant will pull out all the stops and request they say “stinky feet.”

12. SOMEONE NEEDS TO BE ON BOOGER PATROL.

A child picks his nose
iStock.com/RichVintage

While photo-editing software can address rogue snot, no one really wants to spend the extra minutes digitally erasing boogers from photos. Boyer typically enlists volunteer parents to make sure faces are wiped clean or has assistants armed with tissues, combs, and other grooming products to make for a stylish and snot-free image. “We usually try to catch things like that before they get in front of the camera,” she says.

13. SOMETIMES THEY REGRET ASKING QUESTIONS.

To build rapport, photographers are always looking to get kids to talk about themselves. Once, one of Grant’s assistants asked if a child had any pets. “Yes,” the kid responded. “Rabbits. But we ate them last night.”

14. KIDS LIKE TO MESS WITH THEM ...

The older kids get, the more they tend to commit acts of subversion. “One kid came in with his jacket on, took it off, sat down, and was ready to go,” Grant says. “I knew something was going on. I looked at his shirt and it said ‘Student of the Month.’ Except he put masking tape over the ‘ent’ so it read ‘Stud of the Month.’” (After consulting with the principal, the kid was allowed to keep it on for the photo.)

Courtney had a kid sit down with what looked like a nice shirt with birds on it. “It was actually middle fingers,” she says.

15. ... AND SOME KIDS ARE JUST A PAIN.

While most kids are cooperative, Grant will sometimes see subjects who want to make their life as difficult as possible. "Seniors tend to fool around more and be difficult on purpose," he says. "Some of them are just perpetually in a bad mood or feel self-conscious." Sports teammates might egg each other on to not crack a smile. One school photographer who works for Lifetouch writes on Reddit that there are one or two "problem kids" per class: "You just have to remember they're just doing it for attention because they aren't getting it somewhere else."

16. ACCORDING TO THEM, THERE’S NO SUCH THING AS A BAD SCHOOL PICTURE.

A student poses for a school photo
iStock.com/RyanJLane

The internet is overflowing with awkward and embarrassing school photos, from unfortunate backgrounds to unfortunate hairstyles. But according to Grant, “bad school photo” is a misnomer that gives photographers a bad rap. “There’s a common idea school pictures are bad,” he says. “No. School pictures are like shooting fish in a barrel. Is a kid going to smile? Is a kid going to lean into it? Or is it going to be bad no matter what I do? If you think the picture is bad, well, no, that’s you. The picture was fine. The bad haircut wasn’t.”

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