If you follow this blog or read our column in the King County Bar Bulletin, you know that I have been working with another well-respected jury consultant, Kevin Boully, to develop the study of Jury Economics, which is behavioral economics applied to jury decision-making. Behavioral economics has become a critical field of study across many industries due to its focus on the predictably irrational ways in which people act and make decisions.
Jury economics tells us that there are three core components to all jury decision-making: 1) it is egocentric; 2) it is economical; and 3) it is symbolic. In this blog, I want to focus on egocentric jury decision-making and what it means for jury selection. Before we do that, you might ask, what is egocentric jury decision-making? I’ll start with a great quote and then get more concrete. Continue reading →
Despite what Allen Iverson might say (search “Allen Iverson” and “practice” on YouTube if you do not get this reference), practice is essential to the successful development of any skillset. In competition, competitors get better by practicing. This is why it is surprising to me that most attorneys do not practice their voir dire before the day of jury selection, particularly when so many also preach about primacy theory and the need to make a good impression right off the bat.
Statistics indicate that fewer and fewer cases make it to trial, which means most attorneys have had few opportunities to conduct voir dire. Even for experienced attorneys, it may have been years since the last time they picked a jury. Additionally, jury selection is not something that comes natural to most attorneys as it is the opposite of what most attorneys are used to doing – arguing as opposed to listening. Many attorneys admit that they do not like voir dire and that it is the one thing about trial that makes them nervous. The anecdote to all of this is PRACTICE. Practice will make you better. Continue reading →
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 →
Obama arrived this morning (11/8/17) at the Daly Center in Chicago for jury duty in Cook County, but he didn’t have to wait long to find out he had been dismissed. Guess the attorneys won’t have to decide if they would use one of their strikes on him. That, however, doesn’t make the question any less intriguing: Would you strike the former President? If so, why?
Seems like as good a time as any for a quick recap on five dos and don’ts of jury selection. Continue reading →
In this episode of The Sniper Defense, Tom discusses practical strategies for defense attorneys to consider as they try to make the most of their cross examination opportunities during the plaintiff’s case-in-chief.
Jury selection is a critical part of trial. Varying theories of attorneys’ ability to win or lose a case in voir dire run rampant among lawyers and their clients, but discussion of those theories are for another day. This post focuses on the importance of communicating with the trial judge in advance about the process of jury selection and identifies key areas of inquiries for attorneys in that process.
Unfortunately, with so much going on in the weeks leading up to trial, focus on jury selection can fall by the wayside. In some instances, the important questions about the process are simply not asked. In other instances, attorneys make assumptions about what a judge will or will not do during jury selection, sometimes “informed” by a colleague who picked a jury in front of that particular judge in the past. Continue reading →