It goes without saying that jury selection is critical to the success of your case. These days, jurors often arrive at the courthouse already holding strong opinions and beliefs about jury service, lawyers and lawsuits before you have even said a word. Not only do they bring opinions about our civil justice system but they also may bring beliefs and prejudices about certain groups of people. While a trial lawyer has no control over who will be called as a panelist, the trial lawyer does have control over who will be sitting and hearing the case. During jury selection, it is the responsibility of a trial lawyer to identify and, hopefully, remove those jurors who cannot be impartial or who start off leaning ever so slightly against your case. Traditionally, the common teaching is that a case should be decided by a jury of one’s peers. But the failure to deal with tough issues head on will result in a jury that one fears.

Jury selection must begin before you walk into the jury room. With discovery and depositions as broad as they currently are, problematic issues in a case should be laid bare before you even walk into the courtroom. It is not the fact that there is a problem but often the trial lawyer’s ability to confront and address the problem during jury selection that can make the difference in the outcome of a case.

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