June 19, 2018 Articles

Effective Juror Selection Strategies: Part 2

Your jurors' opinions about you and your case are not always logical or fair.

By Steven D. Ginsburg

How Can Imaging, Marketing, and Preconditioning Help in Selecting a Jury?

Jurors do not necessarily view the case the way the lawyers view it or the court views it. The jurors’ opinions about the matter and its participants—whether they are the lawyers or the parties—are what count, even if those opinions or perceptions have no basis in fact, in law, or in logic. Realize that your jurors’ opinions about you and your case are not always logical or fair. Counsel should let the jurors express themselves during voir dire and should listen to them. It is essential that counsel gain the trust and confidence of the jurors, even though the facts and the parties are generally beyond counsel’s control. Counsel should understand their jurors’ points of view and what might make the other side’s case compelling to the jurors. Jurors will not accept facts, positions, theories, or themes if they do not trust the person conveying them. Given a general distrust of lawyers, a concerted effort to overcome cynicism requires the lawyer’s attention to how he or she presents himself or herself.

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