For many lawyers, jury selection often is the most difficult component of a jury trial. By their very nature, trial lawyers are control freaks. Jury selection is unlike carefully scripted opening statements, closing arguments, and direct and cross-examination questions. In voir dire, the lawyer can prepare and script the questions, but there is no telling what course and direction the prospective juror’s answers will take. But never fear. This article provides four tips for preparing and conducting an effective voir dire.
1. Use a one-page questionnaire. Lawyers always will learn more about a juror from a one-page questionnaire than from a one-hour voir dire. Most jurors feel more comfortable writing their answers than publicly answering questions. This is especially true if a case involves sensitive, private or divisive issues.
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