Tag Archives: jury

Do Jurors Get “Poisoned” During Voir Dire?

Attorneys are often worried about asking questions in voir dire that elicit responses that are harmful to your side of the case.  For example, I hear plaintiffs attorneys worry about asking questions regarding tort reform because they are afraid that jurors will start talking about costs of insurance rising and how lawsuits are chasing doctors out of town.  The fear is that these comments will taint the neutral or good jurors.

My suggestion is not to worry about poisoning jurors on the panel.  Your role in voir dire is to elicit information and you certainly want to hear the bad comments so you can dismiss bad jurors.  Jurors who are favorable to you will not change their opinions simply because a stranger sitting next to them spouts off opposing viewpoints.  If a person holds a fairly well ingrained opinion, they have formed that opinion based on their life experiences.  That opinion has already been challenged by media, friends, and family.  An hour-long voir dire (if you’re lucky to even get the much time) will not change their opinions.  If a juror is neutral on a matter or has not formed any deeply rooted opinions on the topic, they may be swayed by what other jurors say but not to the point of danger to you.  Their opinions will not have been ingrained and they can be easily swayed back to your side during trial.

The most important things to remember during voir dire are:

1. You should listen much more than you talk.  This is a time for you to gather information, not feed jurors facts about your case or try to start convincing them.

2. You need to appear as non-lawyerly as possible.  Jurors hate attorneys and this is your first impression.  Do not under any circumstances argue with a juror about their opinion or try to change it.  You will alienate yourself from the rest of the panel, including your good jurors.

3. Bring out those bad facts and get jurors to commit to their opinions solidly if they are bases for cause challenges.  That will give you a much better chance at removing more of the bad jurors and ending up with neutral or favorable jurors who will then appreciate your openness to different attitudes and trust you more as you begin to present your case.

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Filed under Misc, Voir Dire

The Correct Use of PowerPoint & Graphics

As technology as become increasingly prominent in our lives, it has leaked its way into the courtroom.  Some technological advances are extremely helpful when used properly and can be detrimental when used improperly.  So what is the best way to use technology in the courtroom?

Effective Use of Bullet Points. 

  1. Learning Style: There are some attorneys who like to use bullet points throughout opening.  This is not an effective use of a graphic.  Firstly, technology should offer your listeners something extra that you on your own cannot provide.  Simply putting your opening up on a large screen for jurors to read alongside you does nothing to tap into their other methods of processing.  When people are reading something, they are still utilizing the auditory part of their brain, so simply because you have put it in a readable format does not change the brain’s method of processing.  You will still miss the visual learners.
  2. Frequency: Bullet points should be used sparingly.  For example, to list Rule violations of the defendant (which I suggest you do on physical exhibit board that can stay present in the courtroom the entire time rather than through a computer snapshot that disappears when you finish reading).
  3. Timing: Also keep in mind that any time you put something in front of jurors to read, they will be reading as you are talking.  They will tend to read the bullet point, miss what you are saying, and then stop listening as they assume they have all the information they need in that one bullet point.  If you must use a bullet point, put up only one at a time and only put it up after you have finished talking about that point.

Graphics

There is much research to show that people learn better when you access all parts of their brain at one time.  If you can access someone’s  visual part of the brain at the same time that you access their auditory part of the brain, you have a better chance of them remembering and understanding the point.  A good graphic is a picture that is easy to understand without any type of label within the first 3-5 seconds of looking at it.  The graphic should be able to tell a story without any explanation.  Run your exhibits and graphics by mock jurors ahead of time to find out if the graphic tells the story you intend!  Then add a tag line on the top that asks a question that the picture answers, such as “Why Didn’t the Plaintiff See the Hole in the Ground?” along with a photo of how conspicuous the hole is.

Technology can be very helpful – if used correctly.  Do not use it just for the sake of keeping up with the times.  Make sure you are using it to your advantage.

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Filed under Misc, Opening Statement, Trial preparation