OTLA Trial Lawyer Fall 2020

7 Trial Lawyer • Fall 2020 See Balance and Understanding p 8 By Kelly Andersen OTLA Guardian M any attorneys dread voir dire . For me, it is often the most enjoyable part of the trial. Over the years I have learned to ask only a few key questions, and then listen — really listen — to ju- rors’ answers. I then follow up with some version of “please tell me more.” Often this leads prospective jurors not only to answer my questions but to debate with each other about the issues of the case. Rather than try to recall how to con- struct these conversations, I’ve simply gone back and used voir dire transcripts from previous cases. Please recognize, in the interest of time and readability, I’ve polished up the raw transcript just a bit. And I’ve added my “comments” or edito- rial asides for additional understanding. In the first case, the judge asked both attorneys to make a “mini-opening state- ment” before we began voir dire . Here was mine: Andersen: “Ladies and gentlemen, this case involves a car crash that happened on August 27th, 2003. It involves the injuries Ms. Asbill suffered as a result of the collision. You should know there was a later collision on June 10, 2005. One of the things you’ll be asked to do is separate the injuries she received in this car crash from the injuries she received in the later collision. You’ll also learn she has a condition known as osteoarthritis that also is involved in this. You’ll be asked to separate out what’s the osteoar- thritis, what’s the other car crash and what is this car crash. The items you’ll be asked to decide are simply the amount of damages. There’s no dispute the other driver was at fault. And the items of dam- ages you’ll be asked to look at are the medical bills between the first car wreck and the second car wreck, and what are called the noneconomic damages — that’s for suffering and pain, and limita- tions of her normal and usual activities. So, in a nutshell, that’s what the case is about.” Defense attorney: “Not much to add to what Mr. Andersen just indicated to you.” Comment: Disclose to jurors, in a non-defensive manner, any significant Kelly Andersen problems in your case. The jury should never hear significant case negatives for the first time from the other side. When possible, declare them as positive facts when viewed in the right light. Andersen: “How many of you are a little bit nervous? It’s okay. I was sum- moned to jury duty one time. I was actu- ally more nervous on that side.” Comment: To help jurors feel comfort- able, disclose your own vulnerability. It surprised me how nervous I was as a juror. Use Lady Justice Andersen: “You’ve all seen the lady that’s blindfolded with the scales of jus- tice in her hands. Her eyes are covered, symbolizing that all parties come equal- ly before her. It doesn’t matter if you’re rich or poor. It doesn’t matter what you Balance & Understanding The Art of Jury Selection