Only seven, you ask?
I know you aren't trying to annoy jurors, (at least I hope not) but there are certain things that you may be doing that are out of your awareness. Let's look at what they are.
#1: Using the hobby question. You want to "warm jurors up." I get it. But asking about hobbies makes light of the situation. No juror wakes up to a jury summons in the mail and thinks, "Ooh goodie! I can't wait to go have a relationship with Mr. or Ms. Attorney!" Avoid this question, at least at the beginning. Jurors are hungry for information, so give it to them.
#2: Telling jurors how important they are. Look, jurors are important, but they sure don't feel important. They've been forced to come to court, shoved in a room and told to wait, corralled into the courtroom and told where to sit, and branded with a plastic sticker that reads: JUROR, telling other people to avoid them! Is it any wonder they roll their eyes when you stand up in front of them and tell them how important they are? Instead, show them. Listen to them. Which brings us to #3...
#3: Not listening. You tell jurors how important they are and that you want to hear from them, then as they speak you dart your eyes around the box, look at your watch or cut them off. Huh? Stop it. Listen to jurors. Intently and with focus. This is what shows them how important they are.
#4: Gimmicks. It's so tempting to try a gimmick you picked up at a seminar, but I implore you to reconsider. Jurors are on high alert for manipulation of any kind. Drop the gimmicks and back away slowly. You don't need them! You just need to show up authentically and let the jury see who you really are. That's it.
#5: Rewording what jurors say. In an attempt to practice "reflective listening" many of you, instead of repeating back what jurors say, reword what they said. This feels manipulative to jurors. If you want to clarify an answer, ask questions instead of rewording.
#6: Making jurors feel stupid. You inadvertently make jurors feel stupid in two ways: 1) you use terms the juror doesn't understand and 2) you ask "should" questions. Should questions are questions like, "What should the doctor have done?" If a juror doesn't know, uh oh. Instead use, "What were your expectations of the doctor?" And of course, always clarify terms before throwing them around so jurors can easily follow the discussion.
#7: Dumb explanations of bias or the jury selection process. Please avoid talking to jurors like they're in 3rd grade and don't understand bias. Instead, tell them about the principles in the case and discuss those principles. That's where you'll find bias, not by lecturing about it ahead of time.
You don't need to do any of the things above to win the hearts and minds of jurors. You just need you. Really.
Give this podcast a listen to learn more.
When I first started working with lawyers, I was surprised to find that voir dire was the part of trial most lawyers dreaded.
This made no sense to me: voir dire was the one part of trial that was unscripted. It was a conversation, a "get to know you" type of deal. But I soon realized that the "unscripted" part of voir dire was the very thing that made it difficult.
So I set out to fix this problem. I developed a method to help attorneys craft a voir dire that would get jurors talking. And it helped. But there was still a problem.
You can prepare your side of the conversation, but you still have no idea how the jurors will respond.
And that's when I realized that good questions are important, yes, but they're just the start. What you really need to get good at is listening.
When you think of listening you probably think of focusing intensely on someone else (in this case, the juror) and giving them your full attention.
You might be surprised to learn that there are three types of listening.
The first type of listening is the listening I see all the time in voir dire: listening to yourself. This is where you act as though you're listening to the juror but what you're really doing is listening to your own inner chatter.
"Is this a good juror for me?"
"How do I follow up on this?"
I hardly need to point out that this is -not- the type of listening you want to be doing in voir dire.
The second type of listening is where you listen to someone else. This is what most of you have been taught to do in voir dire, but to stop here is a mistake. There's a third type of listening you need to develop.
You need to listen to your intuition. When you listen to your intuition you listen for what's not being said, what's in the room, and how the group is reacting to what individual jurors are saying. This is where every good thing in voir dire happens.
When you listen to yourself, you miss out on all the good information the juror is sharing.
When you listen intently to individual jurors, you risk boring the group.
But when you listen to both jurors and your intuition, you can shape the conversation and infuse it with meaning and purpose. You are present with the individual juror, yes, but you also have an eye on the entire group and what needs to happen next.
But here's the thing about intuition: it doesn't shout at you or slap you in the face. (At least, not most of the time.) It shows up when you get quiet and give it space to arrive. And yet most of you are afraid of silence! So when the juror stops talking you immediately jump in and crowd out the opportunity to let your intuition speak.
Stop. Slow down. Trust that what needs to be said next is just lurking under the surface. Start giving your intuition time to show up and you'll begin to master voir dire with each passing trial.
Give this podcast a listen to learn more.
Sari has been dubbed the "Attorney Whisperer" because of her unique ability to help attorneys communicate their real selves.