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Voir Dire in Civil Cases
Conventional wisdom has it that a “good” voir dire is equal parts of (1) rapport-building; (2) information gathering; and (3) conditioning (or information providing). Questionnaires The threshold...
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Peremptory Challenges: An Important Safeguard for Jury Trials or a Tool for...
In Massachusetts, counsel are permitted to challenge potential jurors for cause. In addition, each side is permitted to dismiss a specified number of jurors without stating a reason. This practice,...
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Jury Selection and Social Media
Following an established trend of researching social media in jury selection, this article from Law.com raises a few pitfalls of using this method of researching jurors. First, it recognizes that...
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DRI to Examine the Vanishing Civil Trial
The vanishing jury trial is perhaps one of the most important issues facing the civil justice system today. Civil trials have declined in federal courts from 12% in 1984 to less than 1% in 2010....
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Less Jury Trials Impact Many; Florida Study
If you spend some time looking at the statistics, you will see the number of jury trials is swiftly declining. Many states and organizations have recognized the decline, voicing concerns about the...
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Litigation Funding
An internet search on the phrase "litigation funding" returns thousands of hits. There are an incredible number of companies and persons "out there" who will buy equity shares in a lawsuit. Hedge...
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Courts and Social Media
A year ago we published an article in The Whisper titled Please Jurors, Check Your iPhone With The Bailiff (Vol. 7, Issue 2.) The article discussed the increasingly frequent problem of jurors' use of...
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Diversity and Voir Dire: Why Attorneys Should Use Diversity to Relate to Jurors
IntroductionCases can be won and lost on voir dire. Success in jury selection relies on an attorney's interpersonal skills, mainly an attorney's ability to stand in front of a group of strangers and...
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Seventh Circuit Affirms Decisions Concerning Jury Selection
On Monday, the Seventh Circuit affirmed two jury-selection decisions in a Section 1983 wrongful arrest lawsuit. In Marshall v. City of Chicago, No. 13-2771, 2014 WL 3892562 (7th Cir. Aug. 11, 2014),...
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