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Voir Dire Questions: Where Do I Start?

As we’ve discussed in detail previously, the right voir dire questions are those that lead you toward achieving two main objectives:  1) identifying jurors whose attitudes do not align with your client or your case, and 2) establishing the foundation for cause challenges.  When done correctly, effective voir dire prevents your verdict from resting in […]

How to Deal With Bad Company Documents, Part 2: Trial

Almost every case has one.  Some cases have a few.  And in mass tort litigation, they can follow a company around the country, affecting every case and never going away.  Bad company documents are the bane of many trial attorneys’ existence.    While the process of limiting the damage of bad company documents begins in voir dire (see Part 1), it doesn’t […]

How to Deal With Bad Company Documents, Part 1: Voir Dire

Almost every case has one. Some cases have a few. And in mass tort litigation, they can follow a company around the country, affecting every case and never going away. Bad company documents are the bane of many trial attorneys’ existence. Whether it’s a poorly worded email, a bad test result, or a historical document […]

4 Challenges of Jury Selection in Small Town Venues

When it comes to litigation, voir dire, and the jury selection process, small towns in America are different from larger cities in more than just size.  Sure, every venue comes with its own hometown culture and shared experiences; but, when the towns are smaller, a greater percentage of jurors share in those same experiences and knowledge […]

What Do Jury Consulting Services Cost when on a Budget?

Think your case is too small for a jury consultant? Think again. There are jury consulting services available for every budget. While the cost estimates vary by case and jurisdiction, the discrete services described below are generally listed from least expensive to most expensive, starting at just over a thousand dollars. Speak with one of […]

Top Ten Litigation Insights Blogs of 2017

We may have left 2017 behind, but let’s not forget some of our favorite blogs! We wanted to take one last look back on what our readers and clients found most helpful in 2017. While some of the blogs listed below were the most read articles in the last year (but may have been published […]

Are Jurors Biased Against Foreign Witnesses?

To say that America has a complicated relationship with “foreignness” would no doubt be an understatement.  After all, the vast majority of us have relatives or ancestors who immigrated to the United States at some point in time (I, myself, am a first-generation citizen).  Yet, there remains a great deal of political controversy and social tension between Americans and the foreign born (or […]

A Millennial Could Be Your Next Jury Foreperson

Millennials – the generation born between roughly 1980 and 2000 – are showing up in large numbers to perform their civic duty.  In fact, this year alone we’ve had several trials in which the post-hardship jury pool was nearly 50% or more Millennial after hardships.  More importantly, in two very recent trials, a Millennial served […]

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 […]

What to Ask in Voir Dire

At a recent Continuing Legal Education seminar we were presenting to a group of attorneys, we were discussing potential questions the attorneys might consider asking prospective jurors during voir dire.  The specific question was, “Who believes there should be more regulation of workers’ rights or that there is no change needed?”  Just as we were […]

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