Facilitating Practical Solutions to the Most Challenging Problems
to ask. Take advantage of that opportuni- ty.
Mini-openings More judges advocate “mini-open-
ing” statements at the very beginning of the case, before the formal voir dire process begins. They are not evidence, but are an opportunity, in about five minutes, for the attorneys to give the prospective jurors what the basic facts of the case are, and what the evidence will show.
Mini-opening statements are an
excellent opportunity to frame the case, and they allow the court and attorneys to obtain a lot more information from the juror and his or her attitudes about the issues because the jurors will know, dur- ing jury selection, what the case is really about already. They give the attorneys the opportunity to showcase their abili- ties as lawyers, and to get the facts and themes of the case to the jury panel where the same information, if conveyed in conventional voir dire, would likely be objected to as “preconditioning” the jury or arguing the facts. Many attorneys’ natural reaction is
to shy away from mini-openings (they are usually voluntary and must be agreed to by both sides), but if it is crafted as care- fully as the “real” opening statement is, a mini-opening can be instrumental in making a good first impression on the jury. Preparing for a mini-opening forces the trial lawyer to distill the essence of the case: a sometimes difficult but essen- tial thing to do.
What questions to ask and how Speak to the jurors – make eye con-
tact, don’t fidget or use distracting habits, be respectful, and don’t get on the wrong side of the judge. Jurors believe that the judge knows more about the case than they do, and surprisingly they often like, and more importantly respect, even the most unlikeable judges. A juror will believe that when the judge is hard on one side, it’s because the lawyer or the case isn’t good, so it’s important that from the beginning you don’t ask questions that are inarticulate or improper
MEDIATIONWITH GARY FIELDS
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To schedule a mediation, contact Mary Anne at 562-432-5111
www.fieldsadr.com
PHILLIPS FRACTOR GORMAN Economics Statistics Management & Finance
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(626) 744-3540 FEBRUARY 2012 The Advocate Magazine — 67
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