Most veteran trial lawyers will agree that while a case is not always won in jury selection, it can easily be lost there. It is one of the three most critical junctures of any trial (the other two being opening statement and cross-examination of the first witness), yet voir dire usually is relegated to the proverbial back burner, only to be attended to in the waning daysor even hoursjust before trial begins.

IF YOUVE WAITED UNTIL THE WEEKEND BEFORE TRIAL TO PLAN YOUR VOIR DIRE, YOUVE WAITED TOO LONG The construction of voir dire needs to start weeks before your case gets to trial, after youve conducted your pre-trial research (you have conducted pre-trial research, havent you?) and you are starting to prepare your case-in-chief in earnest. If you find yourself waiting until Saturday or Sunday before trial, jotting some questions down on a pad and then getting up in court on Monday and conducting your voir dire, without the benefit of research-based profiles or of rehearsal, you could well be missing out on the opportunity to educate your jurors and to weed out those most dangerous to you.

THE PURPOSE OF VOIR DIRE IS NOT TO DETERMINE IF JURORS CAN BE FAIR AND IMPARTIAL!

Sorry, but there is no such thing as an impartial juror. Every person who arrives in the courtroomjuror, lawyer, judge, clerk, court reporter, bailiffbrings two things:
1.Life experiences.
2.The attitudes that are a result of those life experiences.
So, the purpose of voir dire is to uncover those attitudes and experiences, get jurors to talk about them, and then send home the folks who have attitudes that are hostile to your case and/or your client.

The Key Purposes of Voir Dire

Find and dismiss jurors who will be harmful to your case
Get the themes of your case in front of jurors
Find out who your jurors are and what they have to say about the issues, so that you have a better idea of how to communicate with them during your case.

Your Goals in Voir Dire

Get them to talk!
Get them to talk about your themes
Get them to talk themselves off the jury, if they are hostile to your case

IF YOU ONLY REMEMBER ONE THING FROM THIS ARTICLE, THIS IS IT

Do you go into trial without practicing your opening statement? Then why not spend time rehearsing the part of the trial when you speak to jurors first? If you dont practice your voir dire, why not? If you do practice voir dire, do you practice with people in the room? If you practice with people in the room, are these laypeople? If these are laypeople in the room, do you ask them for their feedback on how this voir dire made them feel? If you ask them for feedback, do you apply it to your voir dire going into trial?

The bottom line is, your voir direnot your opening statementis when you make your first impression on the jurors. Make the most of the opportunity. Practice, refine your voir dire.

Bob Gerchen is a nationally-known jury consultant and author who helps lawyers communicate with people who don't have law degrees through consulting, books, articles, a newsletter and seminars. His Courtroom Presentation Tips newsletter (www.winmorecases.com) offers free tips for lawyers to help them win more cases. Bob is also the author of the book, 101 Quick Courtroom Tips for Busy Lawyers (www.CourtroomPresentationTips.com). To speak to Bob directly, call 1-877-863-0909.

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Many people suffer personal injury at some point in their lives. They may experience a vehicular accident, slip and fall, get hurt on someone elses property, or have a claim for medical malpractice. If another party is liable for the personal injury suffered, one can explore settlement options with the insurance company or, if push comes to shove, file a lawsuit.

When people are at this juncture, I highly recommend contacting an experienced attorney rather than attempting to negotiate with the insurance company on their own. People think saving that attorney fee is a smart thing to do. The general public who are savvy enough to attempt negotiations usually know just enough to be dangerous. They may even think okay, Ill start this and if I dont do well on my own, THEN Ill contact an attorney. This is a mistake, for several reasons. A statute of limitations may pass. They may attempt settlement in an amount that is too high or too low, or even too soon. When an attorney is finally contacted, its either too late, or there is so much damage control necessary they may not be interested in the case.

Even an attorney who represents himself is deemed a fool.

If you have suffered a personal injury, contact an attorney as soon as possible. Your attorney will be able to guide you through the steps, and explain what should happen and when. Leave your potential recovery in the hands of someone experienced in these matters a personal injury attorney.

Are you fascinated by trials? Do you like helping people? A career as a Paralegal is challenging, rewarding, and NEVER boring. Sign up for free newsletters that show you how to step into this exciting career or improve your existing one. Adventures await you....

Laura McDonald is an experienced paralegal. She is employed by Michael L. Hawkins & Associates, P.L.L.C. in Frankfort, Kentucky. The firm's website is http://www.mlhlawky.com . Laura manages ParaLegalSecretary.Com, a site dedicated to legal assistants. She invites you to check it out at: ParaLegalSecretary.Com.

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