After almost 46 years and approaching 200 trials, I know cases are often won or lost before opening statement. They’re won or lost in voir dire — the jury selection process most attorneys rush through, misunderstand, or use as a premature closing argument.
The potential juror who I worry about is not the one who says, “I don’t think I can be fair.” That person is doing you a favor. The juror I lose sleep over is the one who says all the right things, nods along, smiles warmly, passes every test, while harboring a deep, unexamined bias that will quietly doom your client’s case during deliberations.
Here is what I know about finding that person before it’s too late.
Bias Hides Behind Agreement
Most jurors don’t lie in voir dire. They genuinely believe they can be fair. But belief and reality are two different things. A juror who spent 30 years in insurance claims management may honestly think she can evaluate a bad faith case without prejudice, and is completely wrong. Your job isn’t to catch liars. Your job is to surface blind spots the juror does not know they have.
The tool for that is the open-ended follow-up questions. When a juror says something like, “I believe in personal responsibility,” don’t move on. Ask: “Can you tell me more about what that means to you in a situation like this?” Let them talk. People reveal their real frameworks when they’re given space to explain themselves.
Watch the Body, Not Just the Words
In federal court especially, voir dire time is limited and judges guard it jealously. You can’t afford to ask every juror every question. So you learn to read the room. I watch for jurors who go still when a particular topic comes up — who suddenly find the floor interesting when we discuss damages, or who give a terse one-word answer where others give paragraphs. Stillness, brevity, and avoidance are data points.
Equally telling is the juror who becomes too animated, who wants to demonstrate their fairness a little too enthusiastically. Overcorrection is worth a follow-up.
The One Question I Always Ask
Regardless of case type, I always find a way to ask some version of this: “Has anyone here had an experience, good or bad, with [the type of claim or party at issue] that left a strong impression on you?”
It’s open, it’s non-threatening, and it invites the story that tells you everything. A juror who lost a small business and bitterly resents “lawsuit culture” will often tell you, if you just ask.
Strike for Cause vs. Peremptory: Know the Difference in Strategy
Not every problem juror can be removed for cause. That’s what peremptory challenges are for. But peremptories are finite, and in California state court you need to be strategic about when to burn one versus when to rehabilitate and monitor. My general rule: if I can make a credible argument for cause, I make it, even if the odds of the judge granting it are slim.
The Bottom Line
Voir dire isn’t an introduction. It’s your first connection with the people who hold your future in their hands. Prepare and be precise. You will go into opening statement with a jury capable of actually listening to your case because they know they can trust you.
If you’re facing a civil jury trial and want experienced counsel who knows how to build a favorable jury panel, call our office at (714) 673-6500 or reach us online at juryattorney.com/contact-us/. The trial starts in voir dire — make sure you’re ready.
Steven R. Young is a board-certified civil trial attorney based in Orange County, California, with almost 46 years of experience and close to 200 trials.
