Saving Jurors from Premature Cause Challenges
Imagine that you’re being audited by the Internal Revenue Service and need to hire an accountant. Since this is such an important decision, you’re going to do a diligent search for the most qualified accountant in your area. You’ll probably pick up the Yellow Pages, look for the accountant with the biggest ad, preferably a full-color advertisement on the back of the book, and immediately schedule your initial consultation. (What? That’s not how you hire someone to perform a critical...
Read MoreOutspoken Jurors: A Love/Hate Relationship
Have you ever had juror responses like these? “I can tell just by looking at him that your client is guilty.” “All corporations are evil.” “I think all personal injury lawyers are money hungry ambulance chasers.” Ouch! Not exactly the answer you were hoping for, was it? Sometimes answers like these are a juror’s honest feelings about your case. Others times, the responses are calculated to get them kicked out of jury duty. Regardless of the reason why they’re saying it, one thing...
Read MoreAre You Involving Your Jurors During Direct Examination?
It’s no secret that jurors’ minds can wander. Just poke your head into any courtroom shortly after lunch and you’ll see jurors mentally “checking out” and letting their brains wander away from the courthouse. The important question we need to ask is, “How do we keep their minds inside the courtroom?” One solution is to get your jurors more involved in the case. When jurors are actively engaged in your case, it’s impossible for their minds to wander away. One...
Read MoreThe Secret to Spotting Favorable Jurors During Jury Selection
If you get the jury panel talking, you'll find some jurors who openly love your case, and others just as vocal in their opposition. Regardless of which way they fall, these strongly opinionated jurors will probably never sit on your jury. But what about the jurors who aren't as obvious? How do you identify those potential jurors?
Read MoreThe Details of Jury Selection
A few weeks ago, I mentioned that one of my recent trials ended in a mistrial after we discovered that one of the jurors had deceived us during jury selection. What I didn’t mention was how my opponent did an exceptional job of establishing a record to show how his peremptory strikes would have been differently exercised had the deception been uncovered during jury selection. At one point, as we were debating whether or not the motion for mistrial should be granted, the judge asked...
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