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Voir
Dire and Jury Selection
INFORMATION
GATHERING
(continued)
All of the skills
attorneys need in order to gather the best information in voir dire
are grounded in two ideas: interviewing techniques and interpersonal
skills, or social agility. These include: humility, listening, observing
without controlling, showing deference to others’ opinions
(or at least pretending to), and simple curiosity about other people.
Notice that these do not have much to do with "lawyering"
in the traditional sense of the word.
Although many
attorneys come by these skills naturally, no one gives them permission
to apply them in the courtroom. Of course, some people never have
had a real grasp on these skills, and some have lost these skills,
but everyone can learn and re-learn.
Returning to
the aforementioned survey of lawyers, we are reminded that the cross-examination
and the closing argument are the preferred parts of the trial among
those in our sample. Oddly enough, the skills these favorites require
are opposite from those required for a successful voir dire. For
example, during a cross-examination,
– Attorneys ask closed-ended questions in order to maintain
control of the situation.
– They avoid questions to which they do not already know the
answer.
– The questions themselves are often more important than answers
– Lawyers maintain a stern, controlling demeanor so as to convey
authority.
– Counsel is ready to quickly and assuredly respond to answers
and opinions that negatively impact its case.
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