BLOG

Maximizing Cause Strikes: How Do I Get Jurors to Say They Can’t be Fair?

As we’ve mentioned in previous posts, eliciting bias and obtaining cause challenges should be the primary objectives of voir dire. Each juror you are able to remove for cause is essentially equivalent to having an additional peremptory strike that your opponent does not. Indeed, a successful voir dire should tilt the playing field in your […]

Is It Better to Have Greater or Fewer Peremptory Strikes?

While the number of peremptory strikes allotted is typically prescribed by statute, there are some instances – such as when there are multiple defendants – where statutes may provide the parties with additional strikes.  Many of these provisions require the judge to make an interpretation of the rule or determine whether parties on the same […]

What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for jury selection in the trial jurisdiction.  Although local counsel can be a great resource for obtaining more […]

How Should I Introduce My Jury Consultant at Trial?

Many of our clients are concerned about how jurors would perceive them if the jurors learned the client hired a jury consultant to be present during jury selection.  After all, most depictions of jury consultants in books, television and film, portray a secretive, intrusive and often unethical character working to absolve a guilty defendant.  While […]

Is It Ethical to Research Jurors Online during Jury Selection?

With limited time and opportunity to question jurors during voir dire, attorneys are increasingly turning to jury consulting firms to conduct online research in hopes of learning more about the people who may be deciding their cases.  Internet research of a jury panel can produce a wealth of information – information that jurors may not be forthcoming or candid about during voir dire, information that the judge may deem […]

What Is the Best Way to Defend a Batson Challenge?

In a previous blog, we discussed key points for making a Batson challenge, but what do you do when circumstances are reversed?  In most cases, these challenges are made in an effort to disrupt a successful voir dire or to rattle an opponent before opening statements.  Stay calm; with a little organization and good note […]

What is the Best Way to Raise a Batson Challenge?

Few things fluster lawyers during voir dire like a Batson challenge.  If the prospect of justifying your strikes on the record makes you uneasy, you aren’t alone.  We’ve seen competent lawyers in the midst of a successful voir dire easily thrown off track when the opposing party challenges their method for exercising peremptories.  Next month’s […]

What are the Benefits of Having Diversity in a Jury Panel?

It’s well known that race-based peremptory challenges are constitutionally prohibited by the Equal Protection Clause, but we often have clients ask us about the importance of the racial composition of a jury. While the issue of whether race influences verdict outcome is case-specific and far more complex than can be addressed here, the bottom line […]

How do I Avoid Poisoning the Jury Pool?

Vulnerabilities. Landmines. Weasels. Bad facts. Stuff that can make the case go very, very bad. Every case has them – facets of the case that don’t look good for your client. If everything in the evidence were lined up in your client’s favor, would you be going to trial? Because every case has issues that […]

What are the Critical Juror Attitudes to Know before Jury Selection in Medical Malpractice Litigation?

For many reasons, including tort reform, it is becoming increasingly difficult for plaintiffs to win big in medical malpractice suits. In fact, roughly 75-85% of medical malpractice cases that go to trial result in defense verdicts. This result, as we have seen, may stem from the fact that plaintiff attorneys, who at one time filed […]

« PREVIOUS