This page contains a Flash digital edition of a book.
Anatomy of a Civil Trial Since this little article is appearing in a journal primarily


directed to the plaintiff ’s bar, perhaps it would not be out of place to discuss not simply the actual goal of Voir Dire which is to achieve a level playing field, but also the role of the advocate, which is in one sense ultimately to tilt the playing field in your client’s favor at every stage of the endeavor. Trial lawyers are all historians trying to understand what


bearing our past experiences have in order to apply lessons to the present. Unfortunately, for the most part the younger generation of civil trial lawyers is not receiving the trial courtroom experience that older trial attorneys had for the simple reason that so few civil trials occur anymore and, although there may be some cross pollination from criminal trial experience, the jury considerations may be quite distinct. Tis makes it all the more important for young attorneys to primarily attend CLE that is taught by those with more experience or secondarily read books and articles written by those with more experience. I say primarily and secondarily because of the important opportunity to observe body language and verbal skills at CLE that is not present in books and articles. I firmly believe that good trial lawyers instinctively know


and accept what the philosopher David Hume delineated long ago that passion and not reason is the ruling element


in human action. May I suggest that you read that sentence again for that sentence tells us what we are attempting to determine in Voir Dire – what are the "passions” that are going to rule this particular juror or this entire jury’s action? Finding out what those “passions” are is as much an art as


a science, as the lawyer is at one time sociologist, psychologist, academician, gambler, salesman and fisherman. Of course, while trying to discover these passions, we


are also identifying them to the other side so that every time we want someone struck for cause, our loyal opposition will remind the judge that the potential juror just said they “could be fair.” Tus if the particular judge demonstrates a pattern of relying on such statements, the wise counsel desists from requesting a strike for cause so that at least he or she has not telegraphed all of his or her own strikes. We visually assess the potential jurors for personality and socioeconomic clues. Are they slovenly or fastidious? Calm or nervous? Do they smoke or chew gum? Are they wearing a suit or jeans? Do they “rebuckle their knickerbockers below the knees?” Well you get the picture. While manifesting scientific and academic disinterestedness, we cast culturally loaded language to see if we induce any bites.


Culturally loaded language may not denote much of excitement on its face but


Personal Injury,


Auto & Work Accidents Silver Spring - Takoma Park


Auto & Work Accidents OPEN 6 DAYS A WEEK


SMART CHOICE, SMART CARE


 All Cases Medically Managed  Electronic Medical Records  Multilingual Staff:


Gaithersburg - Oxon Hill - Frederick Bowie / Crofton


Spanish, Chinese, English


 All Cases Medically Managed  Open 6 Days a Week  Same Day Appointments  Caring Doctors  Multilingual Staff: Spanish, Chinese, English


 Same Day Appointments  All Cases Medically Managed  Multilingual Staff: Spanish, Chinese, English  Most Insurance Accepted  Accurate & Fast Electronic Medical Records


 Most Insurance Accepted  Open 6 Days a Week  Same Day Appointments  Convenient Hours


301-585-2225 • 1-877-250-2225 www.smartmed1.com


24 HOUR APPOINTMENT LINE Attorney Referral Line


301-585-2225 and 1-877-250-BACK www.smartmed1.com


Smart Medical & Rehad Advertisement.indd 1 24 Trial Reporter / Spring 2012 2/21/2012 2:39:34 PM SILVER SPRING – TAKOMA PARK


GAITHERSBURG – OXON HILL – FREDERICK NOW OPEN IN BOWIE/CROFTON


Personal Injury,


GAITHERSBURG 811-B Russell Ave. Gaithersburg, MD 20879


REFERRING FIRM


OXON HILL 6192 Oxon Hill Rd., Ste 102 Oxon Hill, MD 20745


PHONE


FREDERICK 7101 Guilford Dr. Ste. 105 Frederick, MD 21704


SIGNATURE


SILVER SPRING 2730 University BLVD., Ste. 704 Silver Spring, MD 20902


DATE


TAKOMA PARK 7676 New Hampshire Ave., Ste. 312 Hyattsville, MD 20783


PATIENT NAME


BOWIE / CROFTON 2191 Defense Hwy., Ste. 220 Crofton, MD 21114


REFERRED BY


24 HOUR


APPOINTMENT LINE 301-585-2225 1-877-250-2225


www.smartmed1.com REFERRAL APPOINTMENT


Ask about our FREE Lunch N’ Learn Seminars!


CALL US NOW! WE CAN HELP!


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68