Jury Selection

In the language of the sports writer, “On any given day, any given team can defeat the best of the field”. This has been proven repeatedly to the dismay of trial attorneys throughout the country. After months or years of careful and thorough preparation, on the first day of trial you are confronted with the selection dilemma of a venire panel that defies perfect prediction. In the brief time allowed by the presiding judge, you must quickly, calmly and efficiently identify those individuals who will not hear your case with an open mind because of attitudes, preconceptions, bias and prejudices. LSI provides the blueprint and the expertise to unlock those secrets and presents the trial team with the necessary information for deselection of the unfairly predisposed panelist.

 

Voir Dire Construction

LSI will integrate all prior jury research into this vital initial stage of trial into a jury profile and strike strategy that resonates with the case themes and issues. Informed by case specific jury research, voir dire questions are prepared to accomplish three objectives:

  • To acquire best possible information on a juror’s background, mind-set, overt and hidden biases.
  • To foster rapport between counsel and jurors.
  • To inform and accustom jurors to case themes.

 

 

Supplemental Jury Questionnaire

Before trial, where permitted by the court, LSI will devise and analyze Supplemental Juror Questionnaires derived from prior focus group and jury research and similar case experience. Informative areas of the juror’s life and attitudes will be revealed and then targeted for inquiry with voir dire questions to reveal plaintiff and defense strike profiles.

 

Jury Selection

In the courtroom, LSI consultants will observe and record jurors’ verbal and nonverbal responses to voir dire questions.   As the process proceeds, we propose follow-up questions to explore for bias that may permit the exercise of cause challenges and preemptory strikes. Jury group and interpersonal dynamics are noted: leaders, bystanders and followers, socials and isolates, feelers and reasoners, critics and agreeables, etc. Details such as juror attire, use of space, and evidence of attention and interest are recorded. Prior jury experience as well as prior presiding juror experience is factored in. Juror coalitions and pairings are observed.   After voir dire, we pair our specialized knowledge and observations with the trial team’s courtroom experience to maximize the chances of empanelling the most favorable group of jurors and to identify the likely influential leaders.

 

Courtroom Observation

LSI consultants will provide you with an ongoing evaluation of juror reactions to the trial as a whole, or to major elements such as opening statement, or closing argument. Observation of juror reactions during the testimony of key experts and other witnesses can give you the edge in crafting exemplary direct and incisive cross-examination questions that resonate with the jurors.

 

Shadow Jury

Complex cases in protracted trials, or high profile trials, can be tracked closely with a “Shadow Jury” that attends the trial and is debriefed in-depth on a daily basis. Another approach allows for a summary of the day’s courtroom activity to be deliberated by a small shadow jury after court adjourns daily throughout the trial. The trial team is thus informed in a timely manner of the efficacy of case strategy, impact of witness testimony and demonstrative evidence, and is able to identify case areas requiring emphasis, clarification or targeted refutation.

 

Post Verdict Debriefing

Post Verdict Jury Debriefing is available to evaluate your performance, to understand jurors’ processing of the facts of your case or, to prepare for appeal. Jury debriefing can be addressed informally in the courtroom immediately after the verdict, or in the form of post-trial individual interviews and questionnaires resulting in analysis and a report.