OTLA Trial Lawyer Fall 2020

11 Trial Lawyer • Fall 2020 Here, the high probability that the deliberations of this juror would be affected by his strongly held opin- ion is evident. We therefore hold that it was an abuse of discretion to have denied the challenge for ac- tual bias. Another must read is Lambert v. Sisters of St. Joseph of Peace , 277 Or 223, 231 (1977): Initial reactions or answers given in voir dire without undue debate and confinement of issues should be afforded much greater weight in determining [a juror’s] true frame of mind. Early answers or reactions more truly indicate the juror’s frame of mind as opposed to later general- ized statements that the juror would be fair. Andersen: “I look forward to working with you for the next two days on this case to help us all come to the right deci- sion.” Comment: I always like to end with something like this. Our system of justice only works when attorneys and jurors are honest. If we attempt to win by deceit or dishonor, our hollow victory will sap our souls. Conclusion No formula can provide voir dire questions. We must come to understand the heart of the case and go straight to that place. Don’t diffuse energy asking useless questions such as: what books or magazines jurors read, what bumper stickers they have, or their level of educa- tion. At most, those questions only allow us to guess (often inaccurately) as to their qualifications. Sincerely ask jurors how they feel about the issues at the heart of your case — and then listen, really listen, and honor what they say. One of my best friends, a retired heart surgeon, has explained to me that in heart surgery, a doctor has just 90 min- utes to get the job done. After that, mortality rates climb because the artifi- cially perfused heart is gradually dying. Perfection has to be balanced by the time allowed. The same may be said of picking a jury. While it would be nice to have days to do it, jurors’ patience — and candor — diminish the longer we take. Narrow your case down to its most fundamental issues. Ask questions just on those issues. Then listen as jurors disclose their hearts, as they surely will if you respect all answers and don’t try to indoctrinate. Talk not about your case but about cases in general and about life itself. Kelly Andersen represents individuals in- v o l v e d i n p e r s o n a l i n j u r y a n d wrongful death cases. Andersen contributes to the OTLA Guardians of Civil Justice at the Stalwarts level. His office is located at 1730 E. McAndrews Rd. Ste. A, Medford, OR 97504. Andersen can be reached at [email protected] or 541- 773-7000.