After almost 200 trials spanning 45 years, I have realized an uncomfortable truth about jury selection: the jurors who are most likely to sink your case usually look perfect on paper.
They answer questions politely. They make eye contact. They promise to be fair. Then they deliberate your client into the ground.
The problem isn’t dishonesty, at least not always. It is that most jurors do not recognize their own biases. They genuinely believe they are fair, even when their life experiences have wired them to distrust plaintiffs, mistrust large damage awards, or defer to authority figures like corporate HR directors. My job in voir dire is not to catch liars. It is to create a conversation honest enough that jurors reveal what even they may not realize about themselves.
Do Not Ask Questions That Invite “Yes” Answers
The biggest mistake I see attorneys make during jury selection is phrasing questions that beg for socially acceptable answers.
“Can you be fair?”
“Will you follow the judge’s instructions?”
“Can you set aside any sympathy?”
Every hand goes up and you have learned nothing.
Instead, normalize the bias before you ask the question. Try something like: “Some people, after working hard their whole lives, find it genuinely difficult to award large sums of money they themselves never had access to. That’s completely understandable. Is there anyone who feels that way?”
Suddenly jurors have permission to be honest. You will see hands. You will hear things. And you will learn things you need to know.
Watch the Body, Not the Words
In federal court and in California state courtrooms, voir dire time is often limited. You cannot ask everything. I spend as much time reading the room as I do listening to answers. Who crossed their arms when you mentioned the plaintiff’s damages number? Who glanced at defense counsel when you described the injury? Who looked bored when your client spoke?
Body language will not get a juror struck for cause, but it absolutely informs your peremptory challenges. Keep a seating chart. Note reactions in real time. Trust your instincts when something feels off, because after enough trials, those instincts are data.
The Stealth Juror Problem
In high-stakes civil litigation, I’ve seen jurors who want to be picked for the wrong reasons — they have an agenda, they’re curious about a company, or they already “know” who deserves to win. These jurors are skilled at hiding it. The antidote is open-ended group questioning that creates social pressure for candor. When one juror admits a concern, others follow. Use the group dynamic to your advantage.
Also: never skip your jury consultant’s juror questionnaire research in cases where background checks are permitted. A juror’s social media presence, past litigation history, or neighborhood can tell you more than 20 minutes of voir dire.
The Bottom Line
Jury selection is not about finding the perfect juror. Jury selection is about identifying and removing the dangerous ones. That requires technique, patience, and the willingness to make your opponents uncomfortable. If your voir dire feels too polite, you are not getting the information you need.
If you’re heading into a civil jury trial in California or federal court and want to discuss trial strategy, call my office at (714) 673-6500 or reach out at juryattorney.com/contact-us/. With over four decades in the courtroom, I can share what it takes to build a jury that gives your case a fair hearing.
