Voir dire is the process of taking a panel of prospective jurors to determine which are most fit to hear and decide your case. In my five years of litigation practice, I have seen that voir dire appears to be the most uncertain and widely variable aspect of a trial. When it’s good, an engaging lawyer sets herself up for a good rapport with the jury. But when it’s bad, the jury is bored, the judge is bored, and opposing counsel is smirking wickedly while chomping at the bit to make a more favorable impression on the potential jurors.
I have interviewed several lawyers with the same 8 questions about their theories and methods in approaching the most effective ways to voir dire a jury. I have agreed to keep the identities of each of these litigators anonymous, but I still want to introduce you to the lawyers by way of their general practice type and jurisdiction: L1 has a civil defense practice in Alabama; L2 is a criminal prosecutor in Oregon; L3 is an insurance defense lawyer in California; and L4 practices in commercial litigation and debt collection in Virginia.
This is Part 1 (of 3) dealing with goals, tactics, and effectiveness of a voir dire. Part 2 addresses mistakes, methods, and advice. Part 3 is a non-lawyer’s perspective on voir dire.
How to Voir Dire a Jury: Questions on Goals, Tactics, and Effectiveness
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What do you try to accomplish with voir dire?
L1: First and foremost, I want the jury to begin connecting with me. I want them to see some personality and relax so they’ll feel free to respond to my questions. I’m seeking who would be a good fit for the case and give my client a fair shake, so getting to how they are predisposed or how they feel about certain things is key.
L2: I try and get my jury thinking about stuff from my perspective and find people that I don’t want.
L3: Apart from smoking out who can be challenged for cause, I look for thought processes and people who work in fields that require critical thinking.
L4: The purpose of voir dire is to create a jury that will be receptive to your story and the outcome that you are trying to obtain.
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What methods or tactics do you use in voir dire to attempt to connect with or relate to the jury panel?
L1: I usually start off with something funny or cute to loosen them up, make them laugh, break the ice. If the Court allows, I walk around a little and into their “space” a little so they’ll relate to me and not see me as so formal. I might tell a quick story about an experience that they can relate to. (I’ve been on a jury, I know how you feel kind of thing.)
L2: I try and laugh and make a joke or two with them and connect that way. Also stand in the well.
L3: My awkwardness; I don’t mind showing that I’m a little nervous and I think it makes me more relatable. If I can make a joke at my own expense, I will.
L4: It is important to gauge the prospective juror’s positions on issues related to your cause. Dealing with debt? Ask questions about loan forgiveness.
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On a scale of 1-10 how effective are you at voir dire?
L1: I strive to be a 10 but probably a 7 or 8.
L2: No clue. Juries do what they want.
L3: Uhh 4? Did well with one jury and poorly with the next.
L4: I would give myself a 6 right now.
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What could you do to improve?
L1: Hmmmm. Get in front of a jury more often.
L2: Lots of things … but different each time I think.
L3: Improving my memory! Some lawyers are able to put names to faces immediately and it makes the back and forth much smoother. I aspire to that.
L4: Practice will make perfect. I need more trials.
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Artwork by Chris Martin.
