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It?s a big trial?seven figures at stake. It?s time for jury selection and I?m in the courtroom with my client attorney. The attorney asks who knows the parties. He asks if anyone knows the attorneys. He asks if anyone has been involved in a similar business dispute. He follows up by asking whether anything about that experience would prevent the juror from being fair and impartial in this case. Then he turns to me and asks nike air max rojas y blancas , ?Okay, who do we want?? Well gosh, I don?t know. I haven?t learned a thing about any of these folks. I?ve watched dozens of attorneys do voir dire and for the more often than not, I see it done badly. I?m not sure if voir dire and jury selection strategy are routinely taught as part of trial advocacy programs in our nation?s law schools or not; if they are, they?re not being taught well. And as I?ve grimaced my way through bad voir dire after bad voir dire, I?ve come to realize that the main reason for bad voir dire comes down to one word: fear. WHAT ARE YOU AFRAID OF? It seems that attorneys are afraid of three things when they stand up to speak to prospective jurors in voir dire: 1. Fear of losing control; 2. Fear of a juror poisoning the panel; 3. Fear of jurors actually talking. So in response to these fears, I see attorneys make these same three mistakes over and over: 1. Talking too much; (and thus listening too little); 2. Not asking the tough questions; 3. Not following up enough. CALMING THE FEAR Here?s the thing: just because someone says something bad about your client, doesn?t mean that everyone else in the room will automatically agree with it. Now nike air max rojas mujer , if some members of the panel think ill of your client because he?s Muslim, or because she was the second wife of a wealthy decedent or he did inhale, wouldn?t you want to know about it before the trial, instead of after? And what if most everyone does agree with something bad a prospective juror says about your client? GREAT! BREAK THE PANEL!! There are more jurors where those came from, and if there aren?t, you?ve got a mistrial motion. That might not be an appetizing prospect if you?re, say, plaintiff?s counsel and you?ve got a lot invested in the case nike air max rojas hombre , but what is more unappetizing is being poured out on the table by a panel of jurors who don?t like your client and you didn?t know it. HOW TO FIX IT 1. In preparing for jury selection, first develop a fear list?what are the vulnerabilities of your case, of your client? 2. From the fear list, develop voir dire questions that will ferret out unfriendly attitudes. 3. Be willing to ask the tough questions; there are ways to ask them gently (?Is there anyone on the panel who is a bigot?? usually doesn?t generate a lot of response), but you have to get it out there. And DON?T ask it this way: ?Will anyone here hold it against my client because she was the second wife of a wealthy decedent?? You need to discover their attitudes about family disputes, their experiences with stepparents, their beliefs about the motivations of people when they are called upon to share an inheritance. Once you get to those attitudes, you?ll reveal the folks who won?t like your client because she?s the second wife. 4. Follow up with open ended questions: ?Tell us more about that?? ?Tell us why you feel that way?? ?How long have you felt this way?? (Note: ?How long have you felt this way? is a great question that can seal off the juror from attempted rehabilitation by opposing counsel or by the judge. If you can demonstrate a long-held belief it makes your challenge for cause more compelling) 5. Ask if other jurors agree with the unfriendly juror and let them speak their minds nike air max negras hombre , too. 6. Most importantly, as my colleague David Ball says, ?Shut Up and Listen.? Now hopefully before you ever enter the courtroom you?ve done some pre-trial research (mock trial, focus group) and have had a chance to develop a profile of favorable and unfavorable juror characteristics?demographic, experiential and attitudinal. Doing the research ahead of time does wonders to reduce uncertainty. Ultimately, it?s okay to cede some control during the voir dire process. It?ll help build rapport with the jurors and it will get you where you need to go in terms of finding out who is on your panel. Still worried about losing control? Focus on self-control: listening without arguing or persuading. As the ancient Chinese book of wisdom, the Tao Te Ching says,? He who controls others may be powerful nike air max negras mujer , but he who has mastered himself is mightier still. Author's Resource Box Bob Gerchen is a nationally-known jury consultant and author who helps lawyers communicate with people who dont have law degrees through consulting, books, articles, a newsletter and seminars. His Courtroom Presentation Tips newsletter (http:www.winmorecases) offers free tips for lawyers to help them win more cases. Bob is also the author of the book, 101 Quick Courtroom Tips for Busy Lawyers (http:www.CourtroomPresentationTips). To speak to Bob directly, call 1-877-863-0909. Article Source: ? This is a common question asked by many home sellers across the nation today. During this challenging real estate market it can be a quite frustrating situation. Selling your home in today?s buyers market is certainly not an easy task. Here are 5 reasons why your home may have not sold and what you can do about it. 1) Price This is the most unforgiving one. If your asking price is not in the ball park you are pretty much just wasting your time. Buyers are very apprehensive today. They have seen their friends buy homes in 2004 & 2005 only to find their homes to be worth far less today. They don?t want to be in the same boat down the road. As a result, they are very scared and will only purchase if they feel like they are getting a deal. If you don?t plan on having a realistic asking price don?t put your house up for sale. You are only wasting.
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| Beitrag vom 08.09.2016 - 05:31 |
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| shoptexansus |
08.09.2016 - 05:31 |
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