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Trial Preparation Voir Dire

Holland & Hart - Your Trial Message

Know When to Go Easy on Hardship

Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more

Epstein Becker & Green

How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast

What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more

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Podcast - Think Outside the Script

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the best practices for writing a script for trial. Mr. Small shares that a script works when it's presented properly and...more

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more

IMS Legal Strategies

Working the Crowd: Why Defense Attorneys Must Get Jurors Talking in Voir Dire

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Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they...more

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Targeting Safetyism in Defense Voir Dire | Episode 71

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Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more

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Voir Dire to Qualify an Expert Witness

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Before jurors can deliberate on a case after an expert witness testifies, the expert witness must first complete voir dire. French for “Speak the truth,” voir dire is a questioning process judges and lawyers utilize to...more

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How to Conduct Voir Dire: A Practical Guide

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The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....more

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How To Make The Most Of Limited Voir Dire

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In a perfect world, counsel can accomplish many goals during voir dire—but when a judge puts a strict clock on the process, those goals quickly narrow. Whether you have 15 or 45 minutes, or some amount to be determined, only...more

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Jury Research: Methods and Best Practices

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Law students spend years training to evaluate details and learn procedures that don’t always fall under the umbrella of common sense to laypersons. The most important issues that seem obvious to attorneys can be ignored by...more

Holland & Hart - Your Trial Message

Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more

Holland & Hart - Your Trial Message

Don’t Rely on Luck in Picking Your Jury

As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the...more

IMS Legal Strategies

Overcoming Reptile Dysfunction At Trial, Part 3: Core Values Of The Brain

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This is the third in a series of articles presenting the "Theory of Core Values" as an explanation of how jurors reach their verdicts. I developed this theory over the past 40 years as a trial lawyer, law school professor,...more

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Openings of Openings

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small describes different approaches to opening statements in a trial, outlining three common styles: dramatic, theme-oriented and...more

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Why Demonstrative Aids Are Critical in Every Case

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses why demonstrative aids are critical in every case. Mr. Small shares why he believes simple demonstratives, when...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

IMS Legal Strategies

How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68

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Our podcast guests IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury Consultant Dr. Nick Polavin share their newest safetyism research and how safetyist beliefs are driving high plaintiff verdicts—especially...more

IMS Legal Strategies

How Should I Introduce My Jury Consultant at Trial?

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Many of our clients are concerned about the perception jurors may have if they learn the attorney has hired a jury consultant to be present during jury selection. After all, most depictions of jury consultants in books,...more

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What Are the Standards and Procedures for Jury Selection in My Jurisdiction?

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As a national trial consulting firm, we are often asked to assist with jury selection in jurisdictions where lead counsel has been admitted pro hac vice and may not be closely familiar with the standards and procedures for...more

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What to Include in a Supplemental Juror Questionnaire (SJQ)

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Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

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Using Jury Research to Benefit Your Case Story & Strategy

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As most litigators know, jurors’ attitudes and opinions often influence how they filter the facts of a case. It is through these lenses that jurors develop their perceptions of the parties and their corresponding motives,...more

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The Reptile Brain Strategy: Why Lawyers Use It and How to Counter It

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Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more

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What to Ask Before Voir Dire

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We have all shared this experience. Jury selection is at 9:00 a.m. on Monday. It is now Sunday night and the national trial team—led by an attorney from out of town—is convening to discuss voir dire and jury selection. A jury...more

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What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Holland & Hart - Your Trial Message

Need to Talk About Race in Trial? Watch for Language Polarization

There are a number of scenarios where race might matter to your case. Most obviously in the civil realm, these could be employment cases, police use of force cases, or claims involving unequal medical care or testing. In any...more

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