Most cases aren’t won in closing argument. They are won or lost in the first ninety minutes, before a single witness is sworn in, while you are standing in front of a panel of strangers trying to figure out who is actually going to listen to you.
I have picked many, many juries during the past 45 years of civil trial work, and if there’s one lesson that never stops being true, it is this: voir dire is not about finding people who agree with you. It is about finding people who are willing to change their minds when the evidence asks them to.
Stop asking “yes or no” questions. “Can you be fair?” gets you a courtroom full of nodding heads because no one wants to say otherwise in front of a judge. The question that actually tells you something is open-ended: “Tell me about a time you had to make a decision when you did not have all the information you wanted.” Listen to how they talk about uncertainty, not whether they claim to be unbiased.
Watch for the leaders, not just the talkers. Every panel has one or two jurors the rest will quietly defer to during deliberations. They are not always the loudest during jury selection; sometimes they are the one everyone glances at before answering. Identifying that person early, pay attention to how they think – it matters more than spending your strikes on the juror who talks the most.
Your case theme should survive contact with a skeptic. I tell younger trial lawyers: pick the juror most likely to argue against you, and ask yourself whether your theme holds up against their objections. If it only works when nobody pushes back, it is not ready for trial. Jury selection is your only chance to pressure-test it before the stakes are real.
Cause challenges are about the record, not the room. When a juror reveals real bias, get it on the record clearly and completely. You will want a transcript on appeal, and a vague answer won’t protect your client later. Don’t rush past a good cause challenge just to move things along.
Peremptories are a budget, not a reflex. Every strike you use is one you will miss later. I have seen lawyers burn early strikes on a juror who made them uncomfortable, only to be stuck with someone genuinely hostile to their case. Rank your concerns before you ever stand up.
None of this replaces preparation specific to your case, your venue, and your judge’s particular rhythm for voir dire. Every courtroom in Orange County runs it a little different. The underlying discipline is the same regardless of forum: listen more than you talk, and pick for judgment, not agreement.
If you’re facing a jury trial and want to talk through strategy — voir dire or otherwise — call my office at (714) 673-6500 or visit juryattorney.com/contact-us/ to schedule a consultation.
