Chapter titles in this part include: pre-trial motions that improve voir dire, looking and acting like a lawyer, and approaching jury questionnaires wisely. These 13 chapters deal with the basics of voir dire, most of which we have seen before.
The second part has to do with making the most of one's time with the panel, and application of the topics discussed in the first part. This section's 19 chapters include: anticipating the jurors' expectations, bonding with potential jurors, and a discussion of psychodrama.
The chapter on effective questioning suggests using scaled questions for selecting jurors. A scaled question consists of making a statement to the venire and getting the panel to answer along a continuum.
For example, a lawyer might ask "how important is ______?" and seek a response of very important, important, somewhat important, or not important at all.
As long as this technique is used as a springboard for further questioning, it can be justified. Although the authors make it sound as though this technique is simple, it really is more of a hassle to use than traditional questioning.
The chapter on using psychological techniques to predict juror behavior is of particular interest to me academically. It is written by Jaine Fraser, a practicing consultant with the Trial Psychology Institute in Dallas.
The point of the chapter is that trial attorneys often try to pigeonhole jurors who are likely to be receptive to their cases. This is usually done by first deciding what traits you are looking for in a juror, and then asking a variety of questions related to selected personality dimensions.
This chapter suggests that attorneys ask standardized questions taken from personality inventories, such as Myers-Briggs, Millon Index of Personality Styles, and Sixteen Personality Factors.
But merely asking probing questions that are extracted from a standardized personality inventory, without the necessary training in psychometrics or personality assessment, can create a false sense of security for the lawyer.
The helpful chapter on post-verdict interviews and drives home the point that juror interviews should be done in every trial, win or lose. If you don't want to conduct the phone survey, ask jurors if you can send them a short questionnaire after the trial.
The appended volume is informative, to say the least. It offers 10 sample criminal jury questionnaires, 15 civil, 12 one-page miscellaneous questionnaires, 22 sample pretrial motions and trial briefs.
Questionnaires are somewhat like jury instructions, inasmuch as both sides are likely to have different perspectives on what questions should be posed.
They may be used as educational tools to provide prospective jurors with a forum in which they can discuss their biases without the discomfort sometimes associated with answering questions in the courtroom.
Specific topics are sexual abuse by a priest, airplane crashes, SUV rollovers, trademark, asbestos and whistleblower cases. One questionnaire not contained in the book is from the Michael Jackson case which can be downloaded from www.courttv.com.
Keep in mind that the proposed questionnaires must be adapted to fit the jurisdiction. The authors fail to offer any suggestions for interpreting or measuring the questionnaires. It would have been more beneficial had they provided sample favorable juror responses and a method of scoring.
The appendix also contains meaningful and effective tips for a 30-minute voir dire, such as handling challenges for cause at the conclusion, preserving error for any time restriction, and systematically ordering your voir dire topics.
The authors also break the voir dire process down into six different phases. It is helpful from a practical standpoint to identify each phase and prioritize how much time each should take.
Another time-saving technique is looping: the technique where the attorney asks a potential juror one specific question and the juror responds; then using the juror's name, repeats the exact words, and asks other jurors for reactions to what was said.
Perhaps one of the most revealing chapters in the main volume is the one dealing with conducting juror investigation, which often is overlooked due to the expense.
However, every piece of information you learn about a person gives you an idea of his or her personality, and a better picture of the juror's lifestyle. One of the easiest and most discreet methods for obtaining juror information is the Internet.
What this two-volume set does, more than perhaps anything else, is to remind attorneys that they are there more to listen and learn, than to teach.
When an attorney is passionate about a case, the natural inclination is to persuade, but potential jurors enter the courtroom with biases based on life experiences unique to them.
It's rare to change a person's mind during voir dire. Any attempt to change those belief systems can alienate jurors, anger them or close them off to any factual information you offer.
"Blue's Guide to Jury Selection" is well worth the price of $249. ATLA members qualify for discounts. Following the many tips should result in more effective and efficient jury selection, strategy and success.
Despite a few minor criticisms, the benefits far outweigh the negatives. The reader will be satisfied to see that each chapter contains "points to remember" and "practice tips." By following them, you can prevent a voir dire from devolving into a bad episode of Elimidate.
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Rodney Nordstrom, Ph.D. and J.D., of Peoria is both a trial consultant and trial attorney. His company, Litigation Simulation Services, may be visited at www.litsim.com.
Historical Society rolls out DesPres memoir
Chicago attorneys Leon M. DesPres, a former Chicago alderman, and Abner Mikva, retired federal judge and congressman, will participate in a program Thursday, May 5, at the Chicago Historical Society.
The event marks the launch of the first book in the Chicago Lives series being published by Northwestern University Press. It is "Challenging the Daley Machine: A Chicago Alderman's Memoir" by DesPres and Ken Heise.
Mikva will deliver the Leon DesPres Lecture on social activism, ethics and justice at 7 p.m. Call (312) 642-4600 for more information.
Blackmun book signed
New York Times legal writer Linda Greenhouse will speak Friday, May 13, at the Union League Club of Chicago and sign copies of her book, "Becoming Justice Blackmun. "The luncheon is open to members and guests.
Greenhouse is the first print reporter to have obtained access to the extensive archive and papers of Supreme Court Justice Harry Blackmun, who served from 1970 to 1994.
Recent ABA releases
The American Bar Association Museum of the Law and Northwestern University Press have produced the publication, "America's Lawyer-Presidents: From Law Office to Oval Office," with foreword by Justice Sandra Day O'Connor.
The 362-page hardcover volume contains articles written by historians and presidential scholars that include legal developments during succeeding periods in American history and Supreme Court appointments made by lawyer-presidents.
Biographies of the 25 presidents who were lawyers are complemented with colorful photographs and illustrations, and accompanied by informational sidebars.
Copies at $29.95 for ABA members or $39.95 for non-members may be obtained from the ABA service center, (800) 285-2221 or www.ababooks.org.
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The ABA Division for Public Education has published a "Legal Guide for Women" that contains valuable information about women's legal rights and the laws that affect them. It is based on questions that women most frequently ask their lawyers.
Features include ask-a-lawyer responses to specific legal questions, sidebars, anecdotes and "oodles of links and references," said principal author Mary Phelan D'Isa.
Chapters cover sexual discrimination and harassment in the school and workplace; marriage, divorce and child custody disputes; health law issues; sexual assault and domestic violence, and financial and estate planning.
Limine guide on Web
"Illinois Motions in Limine," an evidence guide compiled by Chicago attorney Scott D. Lane, a member of the ISBA Tort Law Section Council, and Stephanie Hoit Lee, is being added to the Web site of the Illinois Judges Association for private access by its members.
The book, which was reviewed in the August 2004 issue of the ISBA Bar News, will be posted in a password-protected area of the IJA site, along with the popular judges' Benchbook.
To obtain copies of the bound version of the guide and its companion CD-ROM, contact Litigation One Publishing at www.litigationone.com or (888) 577-3771.
Individuals in print
Chicago-Kent College of Law Prof. Howard Eglit is the author of "Elders on Trial: Age and Ageism in the American Legal System," published by the University Press of Florida (424 pp., $49.95; 800-226-3822).
Eglit analyzes a pervasive bias in contemporary society that occurs when a demographic tidal wave of aging Americans intersect with the matrix of laws, regulations, judicial rulings and government policies that affect them.
A past chair of the American Association of Law Schools Section on Aging, he has served on the boards of the Illinois Division of the National Academy of Elder Law Attorneys and the Buehler Center on Aging of McGaw Medical Center at Northwestern University.
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Dean Harold J. Krent of the Chicago-Kent College of Law discussed issues raised in his book, "Presidential Powers," on Feb. 18 during a program sponsored by the school's Institute for Law and the Humanities.
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Chicago attorney Christopher D. Benson, author of "Death of Innocence: The Story of the Hate Crime that Changed America," lectured and signed copies of the book on Feb. 22 at the Northern Illinois University College of Law.
His lecture, "The Intersection Between Brown v. Board of Education, the Emmett Till Hate Crime, and the Civil Rights Movement," was sponsored by NIU's Center for Black Studies and Unity in Diversity.
IICLE publications
Two past chairs of the ISBA Real Estate Law Section Council, Steven B. Bashaw and ISBA Assembly member Samuel H. Levine, are authors of chapters in the 2004 supplement to the 2002 edition of "Real Estate Litigation," a publication of the Illinois Institute for Continuing Legal Education.
Other chapters are written by Real Estate Law Section Council member Jack H. Tibbetts and by Fred L. Feinstein, who serves on the Committee on Legislation. For information, call (800) 252-8062.
Robert G. Markoff, a member of the ISBA Commercial, Banking and Bankruptcy Law Section Council, is general editor and author of several chapters of IICLE's 2004 edition of "Creditors' Rights in Illinois."
Authors of chapters in IICLE's Illinois Business Law Series, Volume I: Choice of Entity Issues and Corporations, include members of three ISBA section councils:
Charles W. Murdock of the Corporation, Securities and Business Law Section Councils, on Fiduciary Duties; John B. Truskowski, associate editor of the State and Local Taxation Section Council, on S Corporations, and Thomas P. Conley, past chair of the Health Care Section Council, on Professional and Medical Corporations.
The Advocates Society will meet at 7:30 p.m. Friday, April 22, in the Copernicus Center, Chicago, to discuss details of the Polish Constitution Day Parade at 11:30 a.m. Saturday, May 7. Call President Maureen Pikarski, (3212) 521-7004.
Appellate Lawyers
Appellate Justices Joseph Gordon and Michael Gallagher of the 1st District will speak to the Appellate Lawyers Association during a luncheon Friday,. May 6, at the Chicago Athletic Association. Their topic is "Settlement Opportunities on Appeal: New Supreme Court Rule 310.1" Call (312) 554-2090.
Central Illinois Women
The case of Humpty Dumpty v. Sherman King will be heard during the Central Illinois Womens' Bar Association Take Your Child to Work Day on Thursday, April 28, in the Appellate Court Building, Springfield.
Chicago Bar
Chicago Bar Association Law Day activities include a program at 12 noon Wednesday, April 27, at the Richard J. Daley Center. The CBA Symphony and Vocal Ensemble will give a free concert, and awards will be presented.
The CBA's annual Herman Kogan Media Awards luncheon and presentations will take place Thursday, May 5. Felicia Middlebrooks of WBBM Newsradio 780 will be keynote speaker. Call (312) 554-2013.
The Chicago Bar Foundation will conduct a discussion of recommendations in the new Illinois Legal needs Study at 12:30 p.m. Tuesday, April 26. Call (312) 554-1204.
Decalogue Society
Amos Guiora, a former lieutenant colonel in the Israel Defense Forces Judge Advocate General Corps, will speak at a Decalogue Society luncheon seminar Monday, April 18, at Gardner, Carton & Douglas, Chicago.
Now a visiting law professor at Case Western Reserve University, Guiora will discuss "Fighting Terrorism and the Law: Walking a Fine Line." Call Sue Diamond at the American Israel Public Affairs Committee, (312) 236-8550, ext. 42.
DuPage Children's Center
Friends of the DuPage County Children's Center will conduct a benefit brunch from 11 a.m. to 2 p.m. Sunday, May 1, at Drury Lane, Oakbrook Terrace. A silent auction and entertainment are included. Call (630) 689-4023.
DuPage County Bar
A Liberty Bell and Hartman Stime Scholarship will be presented during the DuPage County Bar Association Law Day Luncheon Thursday, April 28, at Klein Creek Country Club, Winfield. DCBA members will be honored for pro bono service. Call (630) 653-7779.
DuPage Lawyers Lending a Hand will wrap gift boxes for children's birthdays at the Humanitarian Service Project of West Chicago at 5 p.m. Thursday, April 28. Call Eddie Wollenberg, (630) 668-2415.
The annual DuPage County Bar President's Ball will be held Friday, May 6, at Medinah Country Club. The black-tie dinner dance will begin with a 7 p.m. reception. Music will be provided by "The Loose Screws."
DuPage Women Lawyers
Judges of the 18th Circuit will be honored Wednesday, May 18, by the DuPage Association of Women Lawyers at a reception from 5 to 7 p.m. at Klein Creek Country Club, Winfield. Call Angel Traub, (630) 426-0196.
Illinois Paralegal
Illinois Paralegal Association election results will be announced during its annual dinner Thursday, April 21, at the Union League Club of Chicago. Teddy bears will be presented to the Illinois State Police for distribution to distressed children. Call (815) 462-4620.