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Jury Selection

U.S. Legal Support

Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

U.S. Legal Support

How to Conduct Voir Dire: A Practical Guide

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The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....more

IMS Legal Strategies

How To Make The Most Of Limited Voir Dire

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In a perfect world, counsel can accomplish many goals during voir dire—but when a judge puts a strict clock on the process, those goals quickly narrow. Whether you have 15 or 45 minutes, or some amount to be determined, only...more

IMS Legal Strategies

Jury Selection’s Most Misunderstood Secret Weapon

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Jury selection in the Trump hush-money trial briefly put jury consultants back in the spotlight as media pundits and their contributors discussed the Trump team’s efforts to search prospective jurors’ social media accounts...more

Holland & Hart - Your Trial Message

Don’t Select Your Jury on Gut or Habit: Create a Unique Jury Profile for Every Case

Of all the areas of legal lore, perhaps none are more loaded down with mystique than jury selection. Attorneys with long experience will develop some pretty solid views, and those habits on who they’re looking to seat and who...more

U.S. Legal Support

How to Select a Jury: Guide for Lawyers

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In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more

Holland & Hart - Your Trial Message

Profile Your Nuclear Juror (Based on the Research)

In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the...more

Holland & Hart - Your Trial Message

Fight (Constitutionally) for Your Peremptory Strikes

It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and...more

U.S. Legal Support

Jury Research: Methods and Best Practices

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Law students spend years training to evaluate details and learn procedures that don’t always fall under the umbrella of common sense to laypersons. The most important issues that seem obvious to attorneys can be ignored by...more

Holland & Hart - Your Trial Message

Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more

Holland & Hart - Your Trial Message

Don’t Rely on Luck in Picking Your Jury

As the historic first (but not last) criminal trial of a former U.S. President was kicking off last week, Mr. Trump commented, “Jury selection is largely luck,” before moving on to his more familiar complaints about the...more

IMS Legal Strategies

Defending Against Courtroom Conspiracies Through Storytelling

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Misinformation "poses an unprecedented threat in 2024," according to NBC News. No matter which side of the many social divides someone stands on, they can find a readily available source to support their opinion—and a...more

Troutman Pepper

Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast

Troutman Pepper on

In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more

Holland & Hart - Your Trial Message

Expect Jurors to Mix Fact and Opinion

By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more

DRI

GoSueMe: The Broken Promises of Third-Party Litigation Funding

DRI on

Forget cryptocurrency—there is another kind of investment making the news in recent years, and it is one creating some major headaches for corporate defendants: litigation funding....more

Holland & Hart - Your Trial Message

Fish for a Good Cause Challenge

In my work, I get to watch many attorneys go through the practical rituals of jury selection. A big part of the job is looking for, setting up, and executing challenges for cause when there are reasons to doubt potential...more

Holland & Knight LLP

Effective Trial Language Part 3: Jargon

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the use of jargon within a courtroom. Mr. Small goes over the negative impact that it can have on the jury and...more

Holland & Knight LLP

Podcast - Effective Trial Language Part 1: Noise

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the importance of being concise in the courtroom. He describes how to eliminate unnecessary words and noise so the...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

Mintz - Intellectual Property Viewpoints

Supercapacitor Patent Row Between CAP-XX and Maxwell Technologies Goes to Court this Week

After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. before Judge Jennifer Hall and a Delaware jury and is set to end on...more

Proskauer - Minding Your Business

The Journey vs. The Destination: Analyzing Jury Deliberation Styles

The role of juries in adjudicating cases has long been the subject of consternation and debate by those in the legal system. In civil jury trials, the jury acts as the fact-finder and must determine the proper level of...more

Holland & Hart - Your Trial Message

Counter “Safetyism” With Realism

There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand unrealistic standards of protection — no...more

Holland & Hart - Your Trial Message

Respect Your Jury’s ‘Informational Phase’ (They’re Learners, Not Just Persuasive Targets)

There’s a stereotype of what happens in jury deliberations. It involves jurors squaring off against each other, a hail of fierce argument and counter-argument, with the jurors turning themselves into proxy attorneys for their...more

Holland & Knight LLP

Key Lessons and Takeaways for Jury Trials

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small is joined by Jason Bloom, a jury consultant and the founder and president of Bloom Strategic Consulting Inc., for an...more

Holland & Hart - Your Trial Message

Don’t “Read” Your Jury

A recent issue of American Lawyer included the provocatively titled article, “Why Jury Consultants May Not Be Worth It and Other Tips from Judges.” Reporting on discussions from the Ninth Circuit Judicial Conference, the...more

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