Learn from others' errors by understanding the most frequent voir dire mistakes and how to prevent them.
Even experienced attorneys make voir dire mistakes. Here are the most common errors and how to avoid them.
Preparation Mistakes
1. Insufficient Research
Not researching the venue, judge, or community before voir dire.
2. No Juror Profile
Failing to develop an ideal juror profile before selection begins.
3. Cookie-Cutter Questions
Using the same questions for every case without customization.
Questioning Mistakes
4. Talking Too Much
Lecturing instead of listening.
5. Leading Questions
Telegraphing desired answers through question phrasing.
6. Ignoring Follow-Up
Accepting surface answers without probing deeper.
7. Asking Permission
"Can you be fair?" always gets a yes.
Observation Mistakes
8. Note Tunnel Vision
Focusing on writing instead of watching jurors.
9. Ignoring Non-Verbal Cues
Missing body language that contradicts verbal responses.
10. Overlooking Juror Interactions
Not noticing how jurors relate to each other.
Strategic Mistakes
11. Using Challenges Too Early
Burning strikes on salvageable jurors.
12. Falling in Love
Becoming too attached to keeping favorable jurors.
13. Ignoring Alternates
Treating alternate selection as unimportant.
Technical Mistakes
14. Poor Time Management
Running out of time on critical jurors.
15. Inadequate Record
Failing to preserve grounds for challenges.
Team Mistakes
16. Role Confusion
Unclear responsibilities among team members.
17. Contradictory Approaches
Team members sending mixed signals.
Mindset Mistakes
18. Overconfidence
Assuming you can read jurors perfectly.
19. Paralysis by Analysis
Overthinking leads to indecision.
20. Forgetting the Goal
Getting so focused on elimination that you forget about finding champions.
