Trials are a Struggle for Moral Leadership

Today’s jurors can be childlike in their inability to reason their way to sound decisions. When such a jury faces verdict questions which are NOT a part of their everyday life, they desperately need a leader. 

The judge can help them with the law; but cannot help them answer the verdict questions… which is the help they need. 

They are looking for and will follow a leader they trust. If they find a trustworthy leader who provides sensible answers to the verdict questions, they will adopt that leader’s framework for answering every question.  Including damages. 

Plaintiff obviously goes first in voir dire. This is a HUGE opportunity to grab the reins of leadership. Permanently. When we say ”great verdicts are won in jury selection,” this is what we mean. 

Many lawyers miss this. Even experienced trial lawyers will routinely say that voir dire is about excluding bad jurors. That is only partially true… making good strikes is a part of voir dire. But not the most important part. 

The most important job of any attorney in voir dire is to lay the groundwork for the jurors to trust and follow you. Then nurture that trust all trial long. Don’t say dumb things. Don’t say complicated things. Use short sentences. Don’t refer to red herrings. Make sure they can understand you.

Be human – something that can be exceptionally difficult for lawyers on the defense side. Be someone they can follow and trust.  So that when it comes time to award damages, the jurors will naturally follow your lead. 

THAT is how we win Grand Slam Verdicts.
 
How do you get good at developing your trustworthiness?  

• Practice.
• Study the feedback.
• Improve in a way that fits you.
• Repeat.