How Paralegals Contribute to the Voire Dire Process. On the first day of trial, the jury panel is called into the court room. The attorneys for both the Plaintiff (s) and Defendant (s) then begin the process of âvoir dire,â which is a term derived from Latin and French. It essentially means âto see or speak the truth.â.
Relation to law enforcement or government official. Your paralegal plays a critical role in helping your trial team learn as much as possible about the jury duty candidates, before they ever set foot in the court room.
Voir Dire helps ensure everyone is afforded a fair trial. While preparing for trial, your paralegal will work closely with your attorney and other members of the trial team to craft appropriate questions that will be presented to potential jurors under the supervision of the trial judge.
Essentially each party will have a limited number of each, with the goal of this system being that a fair trial is afforded to all with the choosing of appropriate jurors and alternates, which in most jurisdictions consist of six to 12 jurors and one or two alternates.
Some venues have a jury commissioner, an officer of the Court responsible for choosing a panel of potential jurors. The jury panel is typically screened by a court official to eliminate any ineligible or exempt individuals. The people remaining on the jury list are then summoned to appear at a specific date and time for jury duty.
The jury duty selection occurs the first day of trial and is the first step toward ensuring a fair trial. It begins with a jury list, consisting of randomly selected people from your community. In most states or venues, the jury list is compiled from voter registration and driverâs license lists. Some venues have a jury commissioner, an officer ...
Paralegal help. If resources allow, a paralegal can be very helpful in the voir dire process. The goal of a successful voir dire is to have a conversation with the potential jurors. It is easier to have a conversation with people when you are not too busy writing down notes of what they say. Have a paralegal write down the names ...
The exception is when there is a particular issue that needs to be flushed out early. If you can get enough jurors talking positively about your position, the others may be influenced. One of the risks of voir dire is that you expose your high-ranked jurors to opposing counsel for them to strike.
If a juror gives an answer that raises a potential problem areaâshoot from the hip. Follow up on the issue with that juror. Listen not just to the answers to your questions, but to the answers (and questions) of your opponentâs voir dire examination.
Asking them personal questions may end up ostracizing you from the panel. Try to start with questions that will put jurors at ease about the process so they will open up. Avoid questions that make the jurors feel inferior.
The attorney wants to get a small number of jurors to answer to a question that will show strong convictions on an issue. This narrows the number of potential strikes to work with while not exposing your best keepers.
If you have pre-ranked your jurors, direct the question to those that you rank low. As a general rule, avoid asking questions of your higher-ranked jurors. You do not want to give the other side any reason to strike them. You need to be looking for a good reason to strike for cause the ones you do not want. The exception is when there is a particular issue that needs to be flushed out early. If you can get enough jurors talking positively about your position, the others may be influenced.
Pain and suffering is the most subjective and intangible damage claim you can make. Get discussions going on this element of damage. You almost play Arthur Miller as a moderator looking to foster a discussion on this important element of damages. Remember to focus your questions to flush out the few with strong convictions against you as opposed to showing your keepers.
The paralegal is the trial teamâs extra pair of eyes and ears when it comes to observing the jury, and according to Dr. Ball, even observing opposing counselâs actions. You may be your litigation teamâs personal Sherlock Holmes, the one who doesnât miss the minute details that can make a world of difference at trial.
Providing assistance during a trial is one of the most exciting jobs a paralegal can have, and helping select a jury is a key element in that process. Here are some of the ways that paralegals can be an invaluable part of the trial team, especially when evaluating jurors:
Closely observe the jurors whenever you have the opportunity, in the hall outside of the courtroom, as they are coming and going in the courtroom and even at lunch if the opportunity arises. In particular, try to identify the leaders â and the followers.
Coordinate focus groups prior to trial. Some firms pay vendors to coordinate focus groups. However, an organized paralegal can help the firm economize, especially in smaller cases, by recruiting focus group participants and organizing in-house focus group sessions.
Obtain the list of potential jurors and any biographical data from the court, as soon as it becomes available. Use all available public data, such as civil, criminal, property and voter registration records to research jurors. Also, use the Internet and in particular, social networking sites to supplement information, including personal blogs, MySpace, Facebook, and LinkedIn.
Take extremely detailed notes. Dr. Ball says that the paralegal should be taking all of the notes so that the attorney doesnât have to, and can focus on his main role â getting jurors to talk.
I realized during a call with my mom the other day that some people have no clue what paralegals do to assist attorneys at trial. My mom basically thought I was there to sit in the back of the courtroom and look pretty (thanks, mom!). Here is a list of 10 things a paralegal does to assist an attorney in the courtroom during trial.
I realized during a call with my mom the other day that some people have no clue what paralegals do to assist attorneys at trial. My mom basically thought I was there to sit in the back of the courtroom and look pretty (thanks, mom!). Here is a list of 10 things a paralegal does to assist an attorney in the courtroom during trial.
The paralegal attends jury selection and should take notes about the possible jurors, taking special notice of the responses to the questions given by the judge and the attorneys during âvoir dire.â The paralegal could observe the facial expressions and body language of the jurors, as their tendency to be aloof or receptive could influence their roles during the trial. Another thing to note is the jurorsâ response to the attorneysâ personalities, as this could influence their attitudes toward the client. During the trial, the paralegal should observe the reactions of the jury to each attorneyâs opening statement as the reactions have the possibility of revealing issues that are offensive or confusing to the jury. During courtroom trials, a paralegal becomes a very valuable second set of ears and eyes for the attorney and should also take careful notes during cross-examinations to further assist the lead counsel.
The paralegal is often tasked to update databases and help prepare reports and notes for use in the courtroom. It is also part of the duties of a paralegal to preview all electronic correspondence like emails, ...
Both corporate and litigation paralegals must have outstanding skills in research, which is essential to the success or failure of a case. Both must act like well-oiled machines, going through all available background information, financial awards, past verdicts, legal articles and government publications that have relevance to a case. This is a responsibility that is time consuming but very critical when a case goes into courtroom trial.
Litigation paralegals, or legal assistants who accompany lawyers to courtroom trials, often are involved in trial preparation. They may secure, plan and arrange the logistics for witness testimony; prepare trial exhibits; and draft opening statements and closing arguments.
Once the lawyer has accepted the case, the paralegal usually is responsible for case management, which starts with organizing a case file, as it's called. For a case involving medical malpractice, the case file includes interview notes from conversations with the client; contact information; medical records; and the names of people who might become witnesses, such as nurses, physicians, specialists, surgeons and family members. The paralegal might also inform the client of the next steps in the case and keep him apprised of deadlines for filing paperwork, dates for depositions and responses due to formal inquiries.
Paralegals, or legal assistants, have a number of responsibilities when they're assisting a lawyer on a case. For paralegals with a broad range of skills, the duties might run the gamut from composing and typing correspondence to a client to drafting opening statements or closing arguments for a courtroom trial.
Investigation. Paralegals who take on investigative roles identify and interview witnesses, and construct witness statements. They may also conduct legal research on federal, state or local legislation, and case law to support the direction of the legal representation for the client.
These are official case documents that seek information from the opposing party, hence the term "discovery.".
Some paralegals are the first point of contact for potential clients looking for legal representation. Paralegals who are experienced with intake procedures and determining what a potential client really needs can pass along an accurate assessment to the lawyer. The lawyer is the one who ultimately decides whether to take on a new client, based on the information provided by the paralegal , the client's circumstances and whether the client actually needs representation.
The lawyer is the one who ultimately decides whether to take on a new client, based on the information provided by the paralegal, the client's circumstances and whether the client actually needs representation.
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I could use some words of encouragement/ advice for my first day! After completing my certification program last month, I have landed my first legal assistant/paralegal gig. I have zero office experience and have worked in restaurants my whole adult life thus far.
Adopt the proper orientation. Approach your voir dire questioning as a âconversation,â not a job interview. Be confident, reinforce juror participation and listen to jurors to yield the best results.
If some jurors are not participating in voir dire, ask them directly for their views so that you know what they think and all jurors know that they canât hide from the questioning. Beyond the questions, Frederick says you have to pay attention to the jurorâs nonverbal communication.
Successful voir dire requires that jurors talk (and not just listen to the attorneys talk at them). Using techniques such as the initial background summary (where all jurors answer three to five basic background questions) and having all jurors raise their hands will increase participation by jurors at the start of voir dire.
Two useful approaches to revitalizing participation are: (a) interspersing majority response questions and (b) using the springboard method where you ask one juror a question and use the answer to talk with other jurors about the topic.
Harness the power of âreflectiveâ questions. Using questions that ask jurors to reflect on how certain factors might affect their decisions (reflective questions) are more likely to uncover bias than questions that simply ask if certain factors would affect their decision (nonreflective questions).
Jurors are more willing to acknowledge difficulties in doing something than in their ability to do it. Using questions that focus on difficulties and not abilities gives jurors an opportunity to admit where they would have problems.
These are the most important things to know about jurors, because they will serve as the framework or filter through which the jurors will view the case. âYouâre looking for people who need to be removed (from the jury pool) and your questions should be designed to uncover those who should be removed,â Frederick says.