jury selection in personal injury lawsuit south florida and miami

The Critical Cryptical Method Called “Voir Dire”

The importance of jury selection cannot be over-estimated.  One of the great trial lawyers of the Twentieth Century opined “[n]ever forget, almost every case is won or lost when the jury is sworn.”  Clarence Darrow, circa 1936.   Juries may be selected utilizing both written questions (an example of which is included at the end of this blog), and the above-mentioned colloquy, or voir dire, between the Court, the lawyers, and the “venire” which is defined as the pool of potential jurors.  Voir Dire is a Latin term meaning “to see or speak”.


Voir dire is a legal procedure conducted before trial in which the attorneys and the judge question prospective jurors to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.   A simple example would be an insurance adjustor who cannot separate his work-related mind-set from the case he is being asked to decide.


In a jury trial the Judge decides questions of law.  The jury, based upon the law as explained by the Judge, applies the facts to the case and reaches a decision based upon the application of the facts to the laws as instructed by the Judge.


Other definitions of voir dire emphasize that it is a tool for seeking the truth.  Any experienced trial lawyer seeks the jurors more sympathetic to its side.  Given the importance, an entire discipline has grown in popularity and usage among trial lawyers – and that is the utilization of “Jury Selection Experts.”  Much of the selection process is still an exercise in hypothetical “gut” feelings but the more at stake in any given case the more likely an experienced trial lawyer may decide to go with more than just a “gut” feeling.


Why should you care?  Here’s why!  Although many experienced trial lawyers avoid this type of expert choose a lawyer who has the confidence in their own ability without the ego present in a “gut” feeling.  Communication between jury selection expert, the trial team and client will far more often result in a selection of jurors most sympathetic to their position.


We are ready to answer questions about your case, jury selection and any other issues concerning your case.  We are here for you 24/7 – Give us a call.


If you or a loved one has been injured due to the negligence of another, you need to contact an experienced attorney now. The DRG Firm has over 40 years of combined experience winning verdicts and settlements for our clients.   You can reach us 24/7 at 305-764-9907.  You can also fill out the contact form on our website.

Florida personal injury, slip and fall and insurance claim attorneys are here to help. Do not hesitate to contact us today to protect your right.  No Fees Until We Win For You.

*By Marc Epstein, Esq.







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