Tag Archives: voir dire

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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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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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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More Lawyer Vocabulary Banishments, by the Torquemada of Text

(This continues the discussion from Wednesday, June 26th.)

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Lawyer Vocabulary Banishments, by the Torquemada of Text

Fish do not think they are wet. If they thought about it at all, they might think you are dry. But just going along their fishy paths, leading their fishy lives, they give no thought to their own wetness. They … Continue reading

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Supplemental Juror Questionnaires, Part 3: Oh, The Data You’ll Know

The Questions Themselves: Part Social Science, Part Strategy Often, questionnaires written by lawyers are… well… Look, a lawyer attempting social science based only on intuitive commonsense is like watching social scientists try to practice law with only intuitive commonsense. Which … Continue reading

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