52. Let's "Speak the Truth" about Voir Dire, with Adam Kendall

Content warning: Mentions of sexual assault. Brief, non-graphic discussions of questioning the venire about sexual assault occur at 32:20–32:59 and 42:25–44:34.Experienced trial lawyers are accustomed to being the ones asking the questions, but in this episode, NITA NextGen faculty member Adam Kendall finds himself in the hot seat for once.  He’s answering our questions about voir dire: building rapport with the venire through icebreakers and humor, eliciting useful information from potential jurors while introducing bad facts about your case, and what you can glean from jury questionnaires. Adam also talks about the developing trend of limiting or eliminating peremptory strikes. Topics3:39   Primary goal of voir dire4:06   What to pay attention to5:09   “The quiet one”9:03   Icebreakers to build rapport11:18 Voir dire by the judge14:22 Strong personalities among jurors16;25 Ideal foreperson qualities17:50 Eliciting strong opinions and reactions19:19 Introducing bad facts21:12 Using humor24:12 Signaling legal issues26:27 Nationwide changes in peremptory strikes32:05 Jury questionnaires35:53 Online research of the venire41:50 War stories46:50 Signoff questions Quote“People who are too eager to be on a jury scare me.” Adam Kendall ResourcesAdam Kendall (LinkedIn)Building Trial Skills: New Orleans (course)Not Just for Trial! How to Use Exhibits from Day One (Register for Adam's live webcast on March 26, 2024)

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If you’re a litigator or trial lawyer, your life is full—in and out of the courtroom. May the Record Reflect is the podcast of the National Institute for Trial Advocacy, and we know that if something related to lawyering is interesting to us, chances are it’s interesting to you, too. Trial skills, office life, personal development, and more—it’s all fair game on May the Record Reflect.