OTLA Trial Lawyer Fall 2020

35 Trial Lawyer • Fall 2020 team is vital. Additionally, there are specific questions to keep in mind when making your choice. Does this jury con- sultant have the experience with a similar case? Has he or she handled a case of this size and magnitude? Has he or she dealt with a case with these related facts? Has he or she worked in this jurisdiction? Has he or she worked with this judge? What services are offered? (They can range from public records and social media research of potential jurors up to post- verdict juror follow up.) Does he or she have the capacity to conduct the needed research in the available time frame? Is he or she available to enter the courtroom during trial to observe the verbal and nonverbal juror cues and provide you with feedback? Once you have answers to these questions, you will be prepared to choose your jury consultant. Juror profiles The next step is to ensure you have formulated and specifically developed a juror profile unique to your case. Decide the best format for juror profiles in advance. Developing your strategy is critical to the outcome of your client’s case. It is essential to structure a timeline for when you will be receiving the poten- tial juror list, lining out the details, in- cluding answers to questions like—Who will be getting the potential juror list from the court? When will it be received? Who will be taking it to the research team? Answering these critical questions in advance will make the best use of the already limited time, and you provide more availability to the jury consultant to help you successfully prepare for your case. Now it’s time to have your trial strategy developed and set in place by finalizing the process with your consul- tant’s assistance in preparing for voir dire and articulating the phrasing of specific questions to bring forth any concealed prejudice. The goal is to get all potential jurors to open up and speak freely. Ask “Why” questions, rather than asking “How” or “What” questions. Also, avoid- ing “Yes” or “No” lines of questioning. By openly addressing biases, even if a juror is not struck, there is still the po- tential to make the person aware of his or her unconscious bias. Now, if the person chooses to, he or she can con- sciously step to the other side of the tree. The collective voice When working in collaboration with a jury consultant, you can enter the courtroom with confidence, knowing you are fully prepared for your client’s case. With this preparation, you will be able to identify better any biases that could keep a potential juror from being fair and impartial. Additionally, any hid- den biases that haven’t been drawn into the light with your jury consultant’s help can often be minimized by your trial consultant. This is another reason to consider engaging with a jury consultant who is also a trial consultant. The com- bination of the juror consultant’s research with the strategical organization and split mock trials performed by the trial consultant are a powerful asset in the complex process of extracting any re- maining unconscious biases or prejudice within potential jurors. Juries are microcosmic representa- tions of the collective voice of our nation. The role of jury consultants is to assist in ensuring that each juror is fair and impartial. In doing so, jury consultants provide an essential service for you as a lawyer, your client and for your case by providing the necessary support required to uphold the right to impartial- ity. Matthew Hass is the founder of TheFocus- Firm.com, a focus group based jury and trial consulting firm located at 1101 N. McKinley, Little Rock, AR 72207. Hass can be reached at 501-772-8826 or [email protected]. Examples of effective voir dire questions Use open-ended questions to gauge how prospective jurors process information. Example: If presented with situation (A) how would you react? • Visual processor: “I see myself…” • Analytical processor: “I think I would…” • Empathic processor: “I feel I would…” Use that information to form follow-up questions. Example: What do you (see, think, or feel) about situation (B)? Ask “why” questions to get more insightful answers than “What do you think about (A)?” or “How do you feel about (B)?” Example: If presented with (A) or (B), why would you choose one over the other?