Tag Archives: dire

Rare Insights from Jurors About Voir Dire

By Thomas M. O’Toole, Ph.D.

This past Friday, I conducted our first ever all-day mock jury selection workshop in Seattle. Ten attorneys spent the day conducting voir dire and picking a jury to deliberate on the product liability fact pattern we put together ahead of time. Then the mock jurors actually deliberated so we could see how well the attorneys did in voir dire and their use of peremptory strikes. We tried to match everything we could to the actual jury selection process used by our local court. The attorneys had to come up with the right questions to ask, get up and ask them effectively to the large group of mock jurors, and then track that information, along with all of the answers provided during the other attorneys’ voir dire. The mock jurors filled out individual feedback forms and also participated in a group interview where they provided their thoughts about the mock voir dire that had occurred.

It made for a fun, interesting, and insightful day. While the mock jurors had a lot to say, there were some common threads throughout their feedback that attorneys should carefully consider when drafting their own voir dire. Here are three key observations from the day: Continue reading

A Practical Guide for Developing Jury Selection Strategies

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By Thomas M. O’Toole, Ph.D.

I’m proud to announce that Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection, a book that I co-wrote with Ronald Clark from Seattle University Law School, was published this month by Carolina Academic Press and will be available soon on Amazon and at a variety of other online retailers.

Seattle University Law School alum will tell you that Ron Clark is an outstanding professor who is a master at dissecting complex subjects for his students. This book is an extension of his approach. Ron and I dissect the jury selection process, break it down into all of its various steps, and discuss the kinds of strategic choices that attorneys have to make at each of those steps. Some of those choices may be obvious at times, but many others are choices that a lot of attorneys may not realize are available to them. Continue reading

Defining Your Fundamental Goal in Voir Dire

jury selection
By Thomas M. O’Toole, Ph.D.

It has been a busy few months of picking juries for our consultants at Sound Jury Consulting. I have picked three juries in the past three weeks alone and we seem to have had a record number of cases lately that have made it all the way to trial. This has led to a lot of opportunities to see how different attorneys approach voir dire. The different approaches fall generally into three categories: 1) Well-planned and thought-out; 2) Those with questionable goals; and 3) Those with no apparent purpose.

It is difficult to understate the importance of jury selection, regardless of which philosophy you embrace. These are the people who are going to ultimately decide your client’s fate. The problem is that voir dire time is limited, even under liberal conditions. Due to these time constraints, attorneys are often forced to make difficult choices about how to spend their limited opportunity to speak with potential jurors. So let’s look at these three categories in more detail. Continue reading