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5 Reasons Not to Try to Win Voir Dire

Ken Lopez
By: Ken Lopez

Jury Questionnaire, Trial Consultants, Jury Consulting, Trial Consulting, Juries, Jury Consultants, Voir Dire, Jury Selection

When it comes to jury selection, many lawyers are eager to win voir dire. After all, this is their chance to shape the jury pool and hopefully secure a favorable verdict for their client. However, there are several reasons why trying to "win" voir dire may not be the best strategy. Here are five reasons why you might want to reconsider your approach:

1. It can backfire: While you may be hoping to select jurors who are sympathetic to your client's case, trying too hard to win over the jury during voir dire can actually work against you. Jurors may become suspicious of your motives or feel that you are being manipulative. This could lead to a less favorable outcome for your client.

2. It wastes time and resources: Voir dire is a time-consuming process, and devoting too much time and energy to trying to win over jurors can be a drain on your resources. Instead of focusing on voir dire, you may be better off preparing a strong case and making compelling arguments in court.

3. It can distract from the bigger picture: Winning voir dire may feel like a victory, but it's important to remember that it's just one small part of the trial process. Focusing too much on jury selection can distract you from other important aspects of the case, such as preparing witnesses, gathering evidence, and crafting legal arguments.

4. It can create unrealistic expectations: If you go into voir dire with the expectation of "winning" the process, you may be setting yourself up for disappointment. There is no guarantee that you will be able to select the perfect jury for your case, and even if you do, there are still many variables that can affect the outcome of the trial.

5. It can undermine your credibility: Finally, trying too hard to win over jurors can undermine your credibility as a lawyer. Jurors are looking for attorneys who are honest, ethical, and straightforward. If they feel that you are being disingenuous or manipulative, they may be less likely to trust you or your arguments.

In conclusion, while it's important to approach voir dire with a strategic mindset, trying to "win" the process may not be the best approach. By focusing on the bigger picture and staying true to your values as a lawyer, you can increase your chances of success in the courtroom.


Other articles and resources related to voir dire, jury selection and jury consulting from A2L Consulting:

A2L Consulting Voir Dire Consultants Handbook

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