Tag Archives: strike

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

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

5 Common Ways Attorneys Waste Precious Voir Dire Time

Common ways attorneys waste time in voir dire.

Common ways attorneys waste time in voir dire.

By Thomas M. O’Toole, Ph.D.

Recently, I picked a jury in the Pacific Northwest where the judge provided the attorneys for each side limited time for attorney-conducted voir dire (20 minutes each). While the time allocations for voir dire vary from case to case and from judge to judge, most jury selections involve some sort of time limitations along these lines. In other words, in many case, attorneys probably need more time than they actually receive in order to conduct the kind of jury selection that they would prefer. This has important implications because it means that every choice an attorney makes in his or her voir dire is a trade-off. If an attorney spends time focused on one topic, it takes time away from another topic. Consequently, attorneys are put in the position of having to make some tough choices about how to spend their time.
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