Category Archives: Trial

When to Stop Voir Dire

Some weeks ago, I was talking with a lawyer who probably does a dozen trials per year and has been doing it for 15 years with results that are well above average. She was lamenting her discomfort with the jury … Continue reading

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Even More Words Lawyers Should Banish

Textemada (d.b.a. the Torquemada of Text) is back with more words and phrases that lawyers simply must banish from their vocabularies. I would say “at least in front of jurors,” but I think the reality is that our minds get … Continue reading

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Significant Appellate Decisions About Jurors & Jury Selection, 2012-13

Here are 19 appellate decisions from 2012-13 regarding jurors and jury selection that you should know about. (Via Prezi; great thanks to creator T. Smith.)

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One juror’s experience. Excellent read.

Every so often, I see something that a juror has written about his or her experience as a juror, and they are always valuable. Some moreso than others. A man named Gerry Walker in New York City wrote a terrific … Continue reading

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The Mini-Opening Before Oral Questioning: Upgrade Your Voir Dire

Many states permit the lawyers to make a brief opening statement before the oral questioning of prospective jurors (e.g., California Code of Civil Procedure, sec. 222.5). If your state permits this, you should absolutely do it.

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Francis Scott Key Was a Lawyer. Don’t Be Like Him.

Get a piece of paper and a pen, and try the following puzzle. Seriously, try it—it will make this much more fun and you might learn something kind of profound. Ready? Here is the challenge:

Posted in ADR, Jury Persuasion, Opening Statement, Trial, Writings | Tagged , , , , , , , , , | 11 Comments

Beware the Stranger With An Agenda (B.T.W. … It’s You)

I have served and observed thousands of lawyers over 23 years, and gotten to know their thinking, strategy, intentions, and performance both preparing for and conducting jury trials. And I have become convinced that there is one barrier at the … Continue reading

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