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Almost every civil case that makes it to trial has facts which can result in a verdict for either side. To make matters worse, cases are decided by jurors who have biases and attitudes which will cause them to filter those facts and weigh them for or against the client’s case. Unfortunately, trial attorneys often have no formal training in jury selection. They are usually left to rely on stereotypes and hunches when analyzing a potential juror. Some lawyers will even hopelessly attempt to change a potential juror’s bias, attitude or belief during voir dire.
Fortunately, an experienced Jury Consultant with formal training can analyze a potential juror’s verbal and nonverbal response during questioning and give the attorney valuable insight as to a potential juror’s bias, attitude and belief. Moreover, a Jury Consultant with nearly 20 years of experience as a psychotherapist, will have a better understanding of how a potential juror’s life experiences will likely affect their attitude as they hear the facts of the case.
The “silent juror” presents an additional challenge for the trial lawyer. Even the most experienced trial lawyers find themselves guessing as to whether to strike or accept the “silent juror” who gave short or benign responses during voir dire. Silence does not necessarily mean neutrality. It can often mean a hidden agenda. A Jury Consultant with a background in psychology can advise the lawyer as to what the juror’s nonverbal cues are communicating so the lawyer can make an informed decision as opposed to an uninformed guess.
Finally, a Jury Consultant can provide a critical second set of eyes during the voir dire process. As a practical matter, when a lawyer is questioning an individual, he or she cannot possibly hope to see all the facial expressions and nonverbal responses given by other members of the panel. These missed cues can provide volumes of critical information about a potential juror’s attitude and bias.
A Jury Consultant’s role is not to pick the jury, but rather to provide the attorney with additional information, insight, and data so the attorney can make more informed and accurate decisions when selecting a jury most favorable to his or her client.
Before trial, a Jury Consultant can provide a fresh look at the facts of the case and help spot problematic issues the lawyer may be able to address with a motion in limine. A Jury Consultant can also provide the lawyer with a set of voir dire questions which are customized to deal with the issues and facts unique to the lawyer’s case. A Jury Consultant can also assist the lawyer in determining the qualities to look for in a juror given the unique facts of the case.
"Never forget, almost every case has been won or lost when the jury is sworn." Clarence Darrow
Lauri E. Walker LPC, LMHC
Jury Selection Consultant
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