If your legal pad and seating chart with one-inch squares are no longer cutting it to manage all the information you learn during voir dire, keep reading.

 

The challenges for the trial lawyer during voir dire are many.  Establishing rapport, building a theme framework, and laying grounds for cause challenges with high-risk jurors (after recognizing and remembering which ones they are) can feel like juggling a feather, a bowling ball, and a flaming torch. With some simple plan-ahead tools and a consultant you trust, there is no need to look or feel overwhelmed and flustered.

 

No voir dire is ready to proceed without:

1.  An organized consultant you can count on

2.  A reference seating chart with juror numbers and names in Mr., Mrs., Miss or Ms.  format

3.  An understanding of the high-risk juror profile

4.  A game plan to lay the groundwork for cause challenges

 

THE TOOLS

 

1.  Juror Profile Sheets in a three-ring tabbed binder

 

How many times have you or your legal assistant kept notes on a legal pad or seating chart during voir dire, but had an impossible time reading your tiny writing or finding a particular comment when you needed it during the strike conference?

 

No doubt you need that seating chart.  But it cannot possibly hold all the information you must acquire, digest and be able to retrieve on demand.

 

Looking for a specific reference on page after page of a legal pad is like searching for a song note on a cassette tape.

Instead, consider using a tabbed, three-ring binder with a single page devoted to each potential juror.  This allows plenty of room to write exactly what a juror says during each segment of voir dire and packages it in a way that allows for quick retrieval.

Trust your trial consultant to keep the notes for you.  You stay focused on being present and mindful.

 

The Juror Profile Sheet for each potential juror should include their juror number, name, occupation, basic background information, and space to write in exact question-and-answer exchanges during both sides’ voir dire.  Change ink colors for the plaintiff and defense portions of voir dire, so at a glance you know which side gleaned what information.

 

Leave room for an assessment of leadership potential and initial impressions about the juror.

 

A dedicated space at the bottom of the page is the place to record invaluable exact quotations that can be vital to getting or defending a cause challenge.

 

 

Juror #: _________                            Male: _____     Female: _____     Age:  ________

            

Background:____________________________________________________________

 

 Leader potential:   Low    Medium    High                           Impression:     Red   Yellow    Green   

 

 Name:  ________________________________

 

 Occupation:  ________________________________

                         

Questionnaire Notes and Follow-Up:

 

 

 

Plaintiff Voir Dire:

 

 

 

Defense Voir Doir:

 

 

 

Potential for Cause:

 

2.  High-risk opinion tracker

 

If voir dire time is strictly limited or issues are particularly sensitive, consider reading opinion statements that help reveal high-risk jurors.  Ask jurors who tend to agree more than they disagree with a particular statement to raise their hands.  Call out juror names or numbers slowly and in numerical order for your consultant.  The consultant needs a legal-size tracking spreadsheet that lists each high-risk statement and allows room to record which jurors raise their hands.  In addition to being a quick way to identify problem jurors without having to have lengthy “pollution discussions” this is a great way to stay ahead of your opponent in the information gathering contest. 

 

High Risk Opinion Statement

1  

2  

3  

4  

5  

6  

7  

8  

 9 

10

11

12

13

14

15

16

17

Statement #1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement #2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement #3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement #4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement #5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

3.  Cause challenge tracker

 

At the conclusion of voir dire, if and when the judge asks you to step to the bench and state which jurors you need to call back or challenge for cause, your consultant should be able to hand you a document in numerical order that gives you exactly what you need in a format that makes you look and feel confident and informed.

 

Juror #  Topic                                Cause 'Quote' or Possible Rehabilitation Granted (X) Denied (X)
1        
2        
3        
4        
5        
6        
7        
8        
9        
10        
11        
12        
13        
14        
15        
16        

 


Encourage use of these practical tools and spend time planning your voir dire logistics ahead of time.  Staying organized will help you make the best decisions for your clients. 

 

 

Kelley Tobin ([email protected]) of Tobin Trial Consulting in Houston, Texas, is a research and communications professional who has worked in the legal field since 1990.  She assists civil trial lawyers with witness preparation, the development of case themes, and the execution of comprehensive jury research and jury selection processes. As a jury consultant she has specialized in jury communication issues on hundreds of cases involving business disputes, products liability, securities, fraud, misappropriation of trade secrets, contract disputes, legal malpractice, nursing home negligence, personal injury, wrongful death and medical malpractice. Prior to starting her own firm, she served for seven years as full-time Trial Research Director for Moriarty & Associates, P.C. She is a member and past Education Committee Chair of the American Society of Trial Consultants. Her website address is: www.tobintrialconsulting.com.