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Legal Resources for Conducting Voir Dire / Jury Selection

Experienced advocates recognize that a case may be won or lost before opening statements.  Without an impartial jury, it is very difficult to win despite the facts of your case or your performance. For this reason, many trial lawyers and trial consultants argue that voir dire is the most important part of a trial.  

It is also the most challenging. You must quickly identify jurors who will be prejudiced or biased in your case, often while they deliberately hide their intention to destroy your case.  In some courts, you must identify these jurors with little or no voir dire of your own.  

Experts suggest that up to 70% of all jurors will make their decision about who will win the case after voir dire and opening statements. Despite the fact that jury selection can make or break your case, lawyers often do not devote enough time to learning about jury selection, or prepare adequately. This list of resources provides you differing and unique insights to the most challenging phase of trial.

Top 12 Voir Dire Resources for Lawyers:

Recommended Resources

David Ball on Damages 3 - Trial Guides

David Ball on Damages 3

David Ball on Damages 3 from Trial Guides on Vimeo. David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road™ methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. David Ball on D...

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Don't Eat the Bruises: How to Foil Their Plans to Spoil Your Case - Trial Guides

Don't Eat the Bruises: How to Foil Their Plans to Spoil Your Case

Up to 70 percent of jurors will have made their decision by the end of opening statements. Attorney Keith Mitnik has developed a successful method to show you how to win at the start and dismantle the defense’s case while trying yours. Keith Mitnik lives in courtrooms. When he’s not in trial, the senior trial counsel for Morgan & Morgan, the largest personal injury law firm in America, spends his time mentoring his firm's younger lawyers and inventing cutting-edge courtroom strategies. In Don’t Eat the Bruises, Mitnik reveals his result-producing methods for the first time in print. Drawing from the hard-won experience of his prolific and innovative career, Mitnik offers an approachable and proven system for trying and winning cases. Exploiting juror bias, ...

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Winning Case Preparation: Understanding Jury Bias - Trial Guides

Winning Case Preparation: Understanding Jury Bias

Since 2005, trial consultants David Bossart, Gregory Cusimano, Edward Lazarus, and David Wenner have been involved in some of the largest plaintiff’s verdicts in the country, totaling more than $4 billion. In Winning Case Preparation: Understanding Jury Bias, the top experts in jury bias offer a proven method of case preparation—whether you’re seeking to settle a minor impact case or gearing up for a massive medical malpractice trial—that is based on years of evidence-based research and experience. The authors demonstrate how to analyze your case to determine its strengths and weaknesses, avoid being blindsided by issues you were unaware of, and offer a proven way of increasing the likelihood of your success. Their framework for how to prepare a case can help you bett...

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Seven Steps to Voir Dire (DVD) or Winning in Voir Dire (VHS)

These videos, now long out of print, teach the legendary Gerry Spence’s unique method of conducting voir dire – seeking to build an inclusive group or “tribe” rather than excluding jurors. Despite this method creating fear for many lawyers, it led to an uninterrupted string of wins for Gerry Spence and has worked exceptionally well for those who have mastered it.

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Voir Dire and Opening Statement - Trial Guides

Voir Dire and Opening Statement

Over the course of their careers, Nicholas Rowley, Courtney Rowley, and Dr. Wendy Saxon have worked on over a thousand jury trials and obtained over a billion dollars in settlements and verdicts. In Voir Dire & Opening Statement, they use annotated excerpts of successful voir dire transcripts and opening statements to teach you the tools they use to win just outcomes for their clients. In part one of their book, Nicholas Rowley and Courtney Rowley provide insights and strategies for successfully selecting the best jury for your client’s case. They address how they deal with their own fears and trepidations, and challenge preconceived ideas about how to connect with and empower each juror to deliver a just verdict. You will learn how to put important case issues fr...

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Inside the Juror's Mind - Trial Guides

Inside the Juror's Mind

What Every Trial Lawyer Needs to Know

David Wenner is a nationally recognized trial lawyer and trial consultant, specializing in catastrophic injury/wrongful death cases and medical malpractice. He is perhaps best known for his work on juror bias and decision making. Along with Greg Cusimano, he created the incredibly successful Jury Bias Model™, and has long been an authority on the topic, lecturing across the country on overcoming juror bias. Wenner has been named in Super Lawyers magazine, Best Lawyers in America, and has the Martindale-Hubell highest A.V. rating. He is a longstanding member of AAJ (formerly ATLA), and has acted on the NCA Board of Trustees and as an AAJ Diplomate. In this CD/DVD set, Wenner teaches you the basic ideas behind the Jury Bias Model™. Everyone has certain beliefs,...

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Jurywork: Systematic Techniques

(Thomson Reuters)

Jurywork by the National Jury Project provides expert advice, methods, and strategies for effectively handling civil or criminal jury trials. This massive three volume set synthesizes law, sociology, and psychology to help improve jury selection and communication with jurors. The book provides insight into case analysis, trial preparation, juror attitudes, and jury selection questions.

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Conducting Voir Dire - Trial Guides

Conducting Voir Dire

Keep the jurors you want–and eliminate the ones you don't. You're standing center stage in the courtroom, minutes away from asking sixty complete strangers – many with a fear of public speaking – to share their deepest-held beliefs and prejudices with you and everyone present. Jury selection can be intimidating, but with Lisa Blue and Robert Hirschhorn in your corner, you'll be armed to handle everything from reticent panel members to the most hostile jurors. Conducting Voir Dire reveals the principles of successful jury selection and takes you step-by-step through the process. In this compact and accessible handbook, Blue and Hirschhorn show you how to: Work with a judge who conducts part, or all, of voir dire

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  • How to Talk to Conservatives - Trial Guides

    How to Talk to Conservatives

    As a plaintiff’s lawyer, one of your most difficult tasks is facing conservatives who don’t like lawyers, lawsuits, or people who seek compensation for a loss. In many jurisdictions, you face so many conservatives biased against you and your client that you can’t take them all off for cause. What if you could differentiate conservatives who believe strongly in the personal value of life and liberty, value the constitutional right to civil jury trial, and who will punish rule breakers; from those who are truly the worst for your case? Then once you have your jury, how can you present your cases in a way that appeals to the conservatives who will support the core values behind your case? The same anti-lawyer and anti-lawsuit bias applies when lawyers face tort reform and anti-co...

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    Facts Still Can’t Speak for Themselves.

    In this book, Eric Oliver, one of the nation’s leading trial consultants, takes a deep dive into cutting edge research in communication, human judgement, perception, and influence that breaks down the process of turning abstractions into effective persuasive practices. This is particularly important in establishing rapport and reading the jury during voir dire, and then extends to your relationship with the jurors throughout trial. This latest edition discusses the most relevant developments in the science of decision making. For moderate to advanced practitioners.

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    Practical Jury Dynamics 2

    Practical Jury Dynamics 2 provides SunWolf’s expertise on juries, including sections on the biophysiology of the brain and its impact on juries, the social psychology of a juror’s perceptions, and the effects of group dynamics on a juror’s vote in deliberations. Pertinent to both civil and criminal litigation. For moderate to advanced practitioners.

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