With an etymology rooted in Old French and Latin, the translation of “voir dire” is “to speak the truth.” The voir dire process, which may feel more like targeted questioning than truth-speaking, is often the first opportunity to shape how jurors view both counsel and the case. Jurors begin evaluating credibility, trustworthiness, and leadership from the moment attorneys say their first word.
As Robert Tyson explains in Chapter 11 of Nuclear Verdicts: Defending Justice for All, effective voir dire helps attorneys build rapport and earn jurors’ trust long before opening statements. A silent voir dire can leave jurors disengaged and may undermine counsel’s credibility. Productive conversations, by contrast, reveal useful information and help establish a positive connection with the panel. As Tyson writes, “My main goal is to have the jury like me more than Plaintiff’s counsel.… Why? Because if the jury likes you, they are not going to hurt you. It’s that simple.”
Below, we offer 10 practical strategies to help defense attorneys make the most of voir dire while keeping attention focused on juror engagement and decision-making.
1. Introduce Yourself
Keep your introduction brief. Within seconds, shift the focus to the jurors. Voir dire is about learning who they are, what experiences they bring, and how they may view the issues in the case.
2. Remember to Smile
A smile conveys confidence and approachability. Jurors are generally more willing to participate when counsel appears comfortable and genuinely interested in speaking with them.
3. Say “Thank You”
Express gratitude when jurors share personal experiences and perspectives. Acknowledging their responses encourages continued participation and demonstrates respect for jurors’ willingness to speak openly.
4. Trust Your Instincts
Your objective is to connect with jurors, not simply complete a checklist of questions, and it is the attorney’s job to lead them into a productive discussion. Avoid questions that would feel awkward or inappropriate in a normal conversation.
5. Make Eye Contact
Jurors want to know they are being heard. Maintain eye contact and stay attentive to raised hands and nonverbal cues. If using notes, consider having a colleague monitor juror reactions. In virtual proceedings, position notes near the webcam so jurors perceive consistent engagement. Another tip is to use courtroom support tools to track responses, social media insights, and strike priorities.
6. Follow Up on Answers
Meaningful follow-up questions show jurors that you are really listening and can provide valuable insight into their attitudes and experiences that may influence deliberations.
7. Avoid Explaining Voir Dire
Lengthy discussions about the purpose of jury selection, fairness, or juror removal will rarely create positive energy. Use your valuable time to learn about the jurors instead.
8. Do Not Argue with Jurors
The goal is honest answers, not agreement. Questions that pressure jurors to adopt your position can discourage candid responses. Create an environment where jurors feel comfortable expressing their views.
9. Recognize Plaintiff Suffering
Jurors are often affected by evidence of a plaintiff’s injuries and hardships, and ignoring that reality can weaken attorney credibility. Acknowledging genuine suffering demonstrates empathy and moral leadership. It also creates an opportunity to begin framing your client’s story early, which can improve juror recall throughout the trial.
10. Become Their Damages Guide
Many jurors struggle with the responsibility of assigning a monetary value to pain and suffering. Address damages directly and thoughtfully during voir dire (and trial). Jurors often look for trustworthy guidance when evaluating these issues; you can further strengthen credibility by providing it.
In Conclusion
Successful voir dire is less about delivering a polished presentation and more about building authentic connections. Defense attorneys who listen carefully, encourage honest discussion, acknowledge difficult realities, and guide jurors through complex issues will position themselves as credible leaders. Those impressions can influence how jurors evaluate evidence, remember case themes, and approach deliberations—supporting a more positive outcome for your client.
By the IMS Legal Strategies and First Court insights team. Read about our strategic union here.
