Selection — continued from Previous Page
At the same time, such questions will alert the jury that this will be an issue in the case.
Move along, counselor Don’t spend too much time on any
one topic, even if it is a strong one. Jurors don’t like wasted time, and stick- ing to one subject for too long could make the jurors think that it’s a problem issue, rather than a strength. Probably the best advice in picking a
jury is to roll with the punches. A perfect voir dire isn’t common. Things can hap- pen that are very discouraging and inter- fere with your belief that you are getting a fair and impartial jury for your client. For example, the judge could disallow an entire line of questioning – questions that you made the centerpiece of your voir dire. You could get a panel in which the jurors are unusually silent or express no opinions, which makes it difficult to get information or to create any sort of bond with them. Sometimes, the panel will “turn” on one side or the other. They could all start piling on the plaintiff regarding “runaway verdicts.” Or, they could start all raising their hands to talk
about what bad experiences they have had with their managed-care system – even in a medical malpractice case that doesn’t have anything to do with man- aged care. There will always be the per- son who raises his or her hand in response to every question; that juror is usually bad for both sides and can derail a voir dire by monopolizing precious time. And, don’t miss quiet jurors – they are the ones most likely to stay on the jury.
Special considerations for the female trial attorney
Since this issue of the Advocate is
focused on women trial lawyers, I con- ducted a very informal survey of my female trial-lawyer friends on both sides of the aisle to see what voir dire issues they believe are unique to women trial lawyers. As someone who has tried cases for 30 years, I really wasn’t surprised that no one I asked could really offer anything other than anecdotes from many years ago, usually related to sexism from the opposing (male) attorney, or from the (male) judge presiding over the case.
While there can certainly still be a
degree of bias against the woman trial lawyer in some courtrooms, I find that the advantages outweigh the disadvan- tages. Most jurors do not like boorish behavior from opposing counsel, particu- larly if directed at a woman attorney. First impressions are so important. Women trial attorneys are still watched more closely than male attorneys, from what they wear to court to the nervous habits that they demonstrate during trial. While jurors may be more inclined
to be dismissive of a woman trial lawyer who is too timid – or too loud and argu- mentative – than they would her male counterpart, so are they more inclined to respect the attorney who is professional in appearance and style, well-prepared, knowledgeable and articulate. There was a time when I wouldn’t dare wear a pantsuit in trial – I wouldn’t want to offend an older, conservative juror. Now I wear pantsuits, as they are completely acceptable in today’s business environ- ment, although I admit that I still wear my conservative, navy blue skirt suit on the first day of trial for voir dire. My advice to women attorneys who are
70 — The Advocate Magazine FEBRUARY 2012
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