Voir Dire
Here are some thoughts on how to immediately and effectively connect with a jury:
- Stand and face the panel
- Own the courtroom floor, don’t stand still, don’t pace frantically either
- Maintain proper interpersonal distance, don’t stand too far away, don’t get too close
- Don’t think of it as rocket science, think of it as chit chat…organized, focused chit chat
- Pay attention to body language – yours and theirs
- Uncross your arms
- Don’t stick your hands in your pocket
- Don’t hold your hands behind your back
- Don’t read questions
- Make sure all the jurors can hear you
- Give to get
- Don’t write down answers (there’s not enough time)
- Speak up
- Lean in slightly towards the juror you’re speaking with
- Invite the jurors to speak as a group if the court allows
- Don’t use a podium unless the court requires it
- Make eye contact with everyone, somehow, and don’t look like an FBI agent while you’re doing so
- Be animated, friendly, engaging, interested, open, genuine
- Use open ended questions
- Don’t advocate
- If you feel phony guess what…
- Encourage the formation of groups
- Listen to the answers and deal with them
- Mirror
- Don’t paraphrase answers
- Stop talking so much – the jurors are the ones we’re interested in hearing from
- Give tidbits of information about the case, but don’t make an opening statement – the jurors will see right through you and the judge won’t be too happy either
- Proactively transition between jurors instead of reactively jumping around
- Be polite and respectful to everyone always
- Don’t call a juror by their first name, instead use Mr, Ms, or Juror number
- Ask the judge how the jurors should be addressed
- Relax your face muscles and let them speak too
- If the jurors are answering “yes” and “no” then wake up and smell the coffee – you’re doing it wrong
- Don’t point
- Do gesture palm side up
- Keep track of the responses somehow and highlight problem or question mark jurors after each round
- Do not spend more than half your time on liability
- Unless you have a special knack for keeping track, have someone help you
- Make sure you have heard from all the jurors
- Be extremely courteous and deferential to the trial judge
- Be civil and courteous to the other lawyer
- Don’t roll your eyes
- Don’t have your client assist you
- Don’t spend all of your time on the very last row of jurors unless there is a chance they will make the box
- Don’t look scared even if you are, but it’s fine to admit to being nervous
- Embrace the cliché - honey works better than vinegar
- Embrace a touch of levity whenever appropriate and natural
- Don’t allow negativity to permeate and overwhelm the proceeding
- Even when striking jurors, aspire to the positive
These tips are included in the Voir Dire booklet being published by the SKWC law firm with a release date of December 2010. If you would like to be on the mailing list, please send me an email.