Getting the Jury You Want Using Good Juror Questionnaires

One of the main factors that can determine your success or failure on a case is who sits on the jury deciding that case. The traditional method, where the attorney asked a potential juror a set of questions and then decided on “gut instinct” whether to keep or strike a juror, is slowly changing. Many attorneys, working with trial consultants, have discovered that written questionnaires can augment their tried and true techniques. This explains why the use of written juror questionnaires in civil cases is now routine in many parts of the country.
There are several good reasons why a well-written juror questionnaire can help you find the jurors you want:
· It gives the juror more time to think about the questions and to answer them accurately
· It elicits more candid responses from jurors
· It can ask personal questions that cannot appropriately be asked in open court
· It permits counsel to efficiently learn more information about potential jurors than is allowed during oral voir dire
· It allows counsel to ask follow-up questions to clarify answers on the written questionnaire
· It greatly reduces the risk of a maverick juror who may taint the entire panel
Once you have decided to use a written questionnaire, you need to get approved by the Court. You could hire a trial consulting firm to do the work, but what if that is not in your budget. Here are some tips on writing a useful juror questionnaire that will be approved by the Court:
· Keep It Short- Most judges will not inflict a 30-page monstrosity on a potential juror. Try to keep it to one page, double-sided, if possible. You can do this by turning the page landscape-style to fit three columns of questions, shrink the font, and leave room only where written answers are essential. Jurors will also be intimidated by the length and rush through it. They will not answer the questions as fully and accurately as you would like.
· Correlate the Questions with Verdict Orientation-There is, for example, no reason to inquire about the juror’s military service, television viewing habits, or use of the Internet unless you have some reason to believe that the answers to those questions will be useful in predicting how the juror is likely to vote in your case. However, try to write questions in which the correlation is not obvious. If you write questions that explicitly identify a potential juror who would not be good for the opposing side, they may then seek to excuse those jurors. Also, judges do not want to have the court handing out something that looks prejudiced toward one side.
· Write Questions That Measure Value Characteristics- Value characteristics are the predictive variables represented by deeper beliefs, values and attitudes held by the individual. They will take you more time and thinking to identify them, but they are the most important in identifying the bad jurors. You may have come to the conclusion that 90% of Hispanics, who work in non-executive jobs, will favor a shopper who slips and falls in a grocery store on a wet spot. But when you come to a Hispanic on the panel and you only know the status characteristics, you do not know if you are faced with one of the 10% who is not going to favor the shopper. Questions that ask about value characteristics will better identify how that juror will respond.
· Phrase Questions Using Categories That Reveal Extreme or Emotional Responses- You should write questions with at least four categories of response (rather than just “yes/no” or “agree/disagree”) to find the jurors who are on the extreme. It is best to use four categories of response with attitude statements. For example, use “strongly agree”, “somewhat agree”, “somewhat agree”, and “strongly disagree” as possible answers. This range of choices forces jurors into one of these four categories and does not allow a juror to escape by stating “no opinion” or “no response”. However, some courts will be more receptive to attitude questions if you add a fifth response of “neutral” or “no opinion.”

Finding the right jurors can mean the difference between success and failure. Using a written juror questionnaire is one tool to help you better select jurors. Hopefully, this article has given you a start on writing effective jury questionnaires.

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Clear Jury Instructions

In the courtroom, it is very important that everyone receives a clear message about the current trial. The jury has one of the most crucial decisions because they have to set aside their prejudices, sort through the facts, and help choose the verdict. Jury instructions are the set of legal rules that are given by the judge, who reads them to the jury. The jury should follow these rules whenever they are going to decide the verdict in a criminal and/or civil case. Even though they can be different, about 48 states use a general set of jury instructions in most cases. To make sure that all parties are on the same page, the Florida Grand Jury Instructions are:

1. Preliminary statements
2. Instructions on subject matter
3. Civil instructions
4. Procedure
5. Disqualification of a grand juror
6. Disqualification of state attorney
7. Jury functions only as body
8. Child labor, election, subversive activities laws
9. Oath
10. Conclusion
11. Appointment

The jury does have a big weight on their shoulders when they are going through each case. One of the most important issues that come about are the bias or prejudices they may have towards a certain side. If there is any present, there will be a need for a new trial since it is jury misconduct. They have to treat each trial the same until they are presented all of the evidence, where they can then make a decision. If the jury instructions are clear and the jury understands, it will help prevent unfair trials.

Creating Easy Exhibits

During a trial, by far one of the most important parts in the success of your case is convincing the jury that your client is innocent. Jurors are very impressionable and how you present you and your client weighs a great deal on their decision. It is your job to ensure that the jurors clearly understand the points you are trying to make in your opening statement, or even your admittance of evidence as exhibits.

Potentially one of the most important parts of a defendant or plaintiff's case can be the evidence they provide. As the representing attorney, it is your job to make sure that the jurors clearly understand the exhibits and the relevance of each one to the case. The fate of your client lies within the hands of the jury and you want to ensure they are fully and clearly understanding the purpose of each exhibit and what they show. If the jury does not plainly see or understand the exhibit, the case could potentially end up in the other parties favor.

Document Exhibits

To begin, many people bring in documents for evidence showing specific relevance to the case. Said documents are usually normal size documents with smaller printing. With that being said, in order to make the document a strong exhibit in the case, be sure the following tips are met:

• Make sure the text is large enough for all members of the jury to read.
• Ensure the text is in bold color all members of the jury can see.
• Make sure the text is in clear font like Times New Roman for efficiency purposes so the jury can read clearly.
• Ensure the exhibit is labelled correctly in the order of presentation for the trial.

Following the tips listed above will assist you in properly presenting a document exhibit to the jury for your case. With said tips, the jurors should clearly understand the relevance of the document and hopefully will keep the exhibit in mind when determining their final decision.

Diagram Exhibits

In many cases, often times a lawyers use diagrams to make things easier for the jurors to understand clearly. After all, as a lawyer, we want to make the job of the jury as easy as possible so keeping things simple and clearly shown will help in the process. With diagrams there are a few things that every lawyer should keep in mind when organizing the diagrams to present to the jury:

• Make sure the diagram is large enough for all members of the jury to see clearly.
• Make sure the text on the diagram is proper size for the jury to see clearly.
• Ensure the text as well as the diagram are in dark bold colors for the jury to see clearly.
• Ensure your diagram is easy to understand and not overly complicated for the jury to understand.

The clarity and content of your diagram can be in your case. Make sure you are clearly communicating to the jury the relevance and facts of the diagram so there is no confusion made by the jurors. Keeping the exhibits simple and clear assists the jury in being a step closer to making an informative decision in the matter.

Physical Exhibits

In many cases often times physical evidence such as a weapon, may be submitted in a case as an exhibit. Such an exhibit requires a bit more attention and care than that of a document or diagram. Physical evidence needs to be maintained in the state it was found in. If there was blood on one end of the knife, the blood should remain on the knife at all times. The blood and the location it is found on the knife is vital in the presenting the knife as an exhibit to the jury. The jury will take how the visually see the knife to make a decision. When displaying physical evidence as an exhibit to the jury the following are few steps a lawyer should take to ensure the success of the exhibit:

• Make sure the evidence is left in the state it was found in so the jury can see it in it's original state.
• Ensure the exhibit is labelled correctly for the jury to see clearly.
• Ensure the jury clearly understands the relevance of the exhibit.

In many cases, a physical exhibit can make a case. All it takes is one look at a bloody glove, or in the case of OJ Simpson, the glove that did not fit, to sway the decision of the jury.

The jury is very impressionable and it is the your job as the representing lawyer to get the jury to understand your point of view through the exhibits provided. With that being said, it is very important to clearly label each exhibit correctly and speak as clearly and plainly as you can to the jury. Ensure they are understanding the exhibits as clear as day and your description and the importance of each rely greatly on how well you can present them. Following the above tips will provide you with a better understanding when developing your exhibits for your next case.

Keep Your Clients Happy Through Better Billing Descriptions

Of all the things everyone has to work with, nothing is more precious than time. For lawyers who bill hourly, accurately capturing and accurately describing your billable time is a crucial function. Accurately capturing your billable time directly effects the total time you must spend reaching your billable goals, leaving more time for other activities in and out of the office. By accurately describing your time, you can present more persuasive bills to your clients, who will be more willing to pay them in full and on time. Instead of spending time on disputed charges and collections, you can spend more time on why you put in long hours at law school, practicing law.
Writing more accurate and clearer descriptions of your billable time will also lead to greater client satisfaction. Clients will be more willing to use your services again or refer someone to you, if they feel they got their money’s worth.
So, with all that at stake, here are some ideas to help you more accurately describe your billable time:

Craft Descriptions That Are Thorough and Complete- It may take more time up front to write a detailed description, but the payoff comes in the likelihood of less editing needed by the attorneys preparing the bills, fewer client questions about bills, and ultimately, more prompt payments. For example, instead of simply "Review documents," say, "Review documents, including [then list the documents reviewed]." Avoid using "etc." Instead of "organize file" or "review file," describe the reason for such organizing or reviewing. The length of the description should reflect the duration of time worked. Demonstrate to the client that the time was well spent.
Use Active, Results-oriented Verbs to Convey Action- The actions you take on your client's behalf is the service you provide. Use the present tense which results in a more active, “live” description than using the past tense. Writing in present tense also shows the client that his attorney is presently involved in his case, not that they were involved last month or sometime in the past, but now.
Avoid Abbreviations- Spell out the full name of agencies and acronyms. Use "memorandum" instead of "memo," "facsimile" instead of "fax," and "telephone conference" instead of "telephone call" or "phone call."
Avoid Needless Detail If Such Specificity Tends to Devalue The Work- Instead of "e-mail" or "fax," use "correspondence," or at least "e-mail correspondence" or "facsimile correspondence." Instead of "dictate" or "draft," use "prepare." Instead of "revise," use "further prepare."

Clients expect value for the money they spend on lawyer fees. By accurately recording your time and then translating that into a bill that accurately shows the work done, clients feel they are getting value for their money. This leads to timely payment and less disputes, which helps the bottom line cash flow of your law firm.

Lasting Impressions

First impressions are lasting impressions and it's extremely important when it comes to lawyers and potential clients. When a client is looking for a lawyer, one of the most crucial needs that has to be satisfied is how well the lawyer can listen and understand what their problems are. Communication is not only dealing with speaking but listening as well. During the first meeting, between the lawyer and the client, it's very important that the lawyer gives undivided attention to their prospects. You are letting them know that you are a good listener and they are the most important person at that moment. Ways to successfully attract your future clients:

• Use empathy. By putting yourself in your client's shoes it will help you better comprehend the situation.


• Make sure your client understands his/her situation to the fullest. Explaining their situation clearly and slowly will help get a better grip of what is actually happening.


• Use words that clients will be able to comprehend. Answer common questions they may have. See if they grasp the concepts because clients won't spend their money on something they don't understand.


• Discuss pros and cons (risks and benefits) and offer specific solutions. You can also recommend a solution from your point of view because they would be more receptive when you speak.


• Invite clients to ask any lingering questions. Any question is better than no question and you want your client to feel like you are always going to be their to help.

Successful communication includes clear, concise messages along with great listening. Lawyers and clients can possibly interact with one another everyday and messages could get mixed along the way. To prevent this from happening, the tips in the bulletins are good starter points that will help any lawyer and law firm, receive more clients and their trust. It is important to maintain a healthy relationship that both parties understands.

Important Tips to Remember When Declining a Case

Communicating with a prospective client is always a delicate situation. As a lawyer it is important to maintain any information given in confidence. It is important that when an attorney declines a case they communicate effectively and clearly with the client. A lawyer should use caution when informing a prospective client that they will not be accepting their case because they need to be sure there is no doubt in the other persons mind that they are not handling the case.

Communicating news such as not accepting a case is best done through written communication so that the attorney can cover themselves if there is ever a question as to what was said. The attorney needs to be sure to explain to the prospective client that they may still have a valid case and if they chose to pursue it they should contact another attorney before the applicable statute of limitation expires.

A few of the common reasons that a lawyer would decline a case are:

-If the case does not meet the legal standard of a meritorious claim, lawyers cannot accept the case.

- If the lawyer has a conflict of interest, if they have a relationship with the people or company on the other side of your problem, they cannot accept representation.

-If the lawyer is not sufficiently knowledgeable or qualified to handle the problem, they are required to decline representation.

-If the prospective client and the lawyer cannot agree on the scope and strategy of a case, they will decline to be involved. This includes the fundamental question of whether the legal fees to be expended are proportional to the likely outcome.

Source: Columbus Bar Association, The People’s Bar: Finding a Lawyer FAQ http://www.peoplesbar.org/findingalawyer/faq.php

Communicating With Your Clients

Being a lawyer, communicating with your client's is key in the success of your firm. In order to build a large, stable clientele, it is important to cater to each and every client effectively and professionally. There are many situations where it is of the utmost importance to maintain a professional, yet friendly relationship with your client, and helping them clearly understand their matter is one of them.


One of the main duties of a lawyer is to provide service to his or her clients. With that being said, a lawyer should possess a certain set of skills and techniques when communicating with a client. There are different situations throughout the lawyer/client relationship where the lawyer has to know a certain way to communicate to the client what is taking place so the client understands what is going on with the case such as if they need to appear in court, sign a document, or provide information for exhibits for the case.


When communicating to the client either orally or through a letter, it is important to remember that you are speaking to a civilian who may not necessarily know the legal terminilogy used in the courtroom, as well as in the law firm. With that being said, as a lawyer, you need to determine an effective way to communicate to your clients in a professional manner, yet a way they can understand. You wouldn't speak to them as if you were addressing a Judge or a fellow attorney who understands the legal terminology legal counsel and Justices speak in. Use the following guidelines when developing a strong communication bond between you and your client.

• Use clear simple words and phrases
• Speak in a professional manner
• Ensure your concise when talking about the issue
• Make sure the client fully understands what you are trying to make clear

Having the client understand clearly what they need to do is key in the attorney/client relationship. Having a strong understanding and communication bond will ensure the success of the case. The client needs to fully understand what is taking place and what they need to do, and it is the job of the lawyer to make sure they know. After all, that is why people hire attorneys.

When writing a letter to your clients it is just as important to make sure you are communicating the vital areas of the case effectively. If a signature or appearance is required of the client, compose a letter with such information clearly stated. Following these guidelines will assist you in drafting letters to your clients.

• Be sure documentation is enclosed for signing
• Make sure you reference the enclosure in your letter
• Clearly state what the client needs to do with the letter
• Use simple yet concrete language in your letter

As a lawyer, there are many different aspects to your job, communicating and maintaining a respectable yet friendly relationship with your client is one of the major ones. Of course there are many other ways a lawyer can maintain effective service to his or her clients, but understanding an effective way to communicate with them first is key. Without a clear, strong communication bond between the lawyer and the client, the odds of the case turning out in their favor could be cut in half. With that being said, be sure to determine an effective way to communicate and use the guidelines listed above to ensure the success of the case in the end.

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