In California, veteran trial lawyers would concede to the fact that a case may not always be won upon the selection of jury panel. Nonetheless, a case can also be easily lost in that strategic part of the trial process.
Every trial lawyer is aware of the fact that there are three very critical junctures in every trial. The jury selection involving the voir dire, opening statement and conduct of cross-examination on the very first witness are the major occasions that could make or unmake the client's case.
Voir Dire is actually a term of Anglo-French origins with the meaning "to speak the truth."
The Voir Dire process starts when a number of people is selected to be jury and is issued with jury summons to appear and gather in court. The people who were drawn together will be the source from which the panel of jury will be formed. They will be divided into groups as potential jurors for the trial.
Then, the lawyers representing each party involved in the lawsuit to be tried will issue questions for them. Sometimes the trial judge does such questioning. They will ask about the potential juror's life background and experiences plus their opinions. Their ability to be fair and objective will be assessed and determined based on their answers to the questions.
In voir dire process, the trial lawyer can confront a potential juror "for cause" especially once the person omits a statement that expresses a certain bias against the best interests of the lawyer's case.
The trial lawyers of both parties can also implement some "peremptory" challenges but quite limited, wherein no reason is mandatory. The persons who are eventually accepted by the lawyers on either sides or the trial judge, if he was the one who conducted the voir dire, in any case, are impaneled as a member of the jury. They will be asked to take an oath in fulfilling this great responsibility.
Trial lawyers in California who are worth their salt know how incredibly crucial the voir dire process is and makes considerable effort to be prepared for it.
As much as possible, a trial lawyer must prepare early on and not just jot down the things he or she intends to inquire about. It is recommended to do a profile research on every person with jury summons and rehearse. He must also not fail to miss the opportunity of educating the prospective jurors about his case and pull out those who would be most dangerous and harmful to you and your clients' case.
While the voir dire aims to determine if the prospective jurors can be impartial and fair, the experienced trial lawyer is aware of the reality that this thing is not possible.
However, every person, whatever his or her profession, age, status or religion is, has two significant things: life experiences and attitudes resulting from such experiences. The skill of the trial lawyer must be focused on uncovering these turning point experiences and send away those who are hostile with the case and the client.
The key purposes of Voir Dire must always be upheld in order to do a proper preparation:
- identify and dismiss the jurors that may be harmful for the interests of the lawyer's case
- present the theme of their case to the potential jurors
- Discover who among the jurors are in agreement with your case and find out their comments about the issues involved.
A California trial lawyer knows that he has to get the prospective juror to talk without reservations. This will ensure that the jury selected has a portion that would understand and support his case.
Our California Trial Lawyer is experienced in handling trial cases involving personal injury, employmentFree Reprint Articles, social security disability and business laws in the state of California. Please log on to our website at http://www.mesrianilaw.com/ for more information about our services.
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