Audio CD + Course Book

Voir Dire and Jury Selection

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • AZ CLE - 6.00
From Event: Voir Dire and Jury Selection, held February 2018.

Program Description

The art of voir dire is perhaps one of the most essential trial skills you need to acquire as an attorney. Choosing the decision-makers who will determine the fate of your case gives you an opportunity to get an upper hand before the trial even begins. Are you fully equipped with all the tools needed to select the most sympathetic jury for your client? This focused course allows you to gain the benefit of our speakers' combined experience so you can better understand juror behavior, fine-tune your jury selection tactics, avoid missed opportunities when questioning prospective jurors and maximize your clients' chances for a successful court ruling. Order today!

Course Content

  1. A Judge's Perspective on Jury Selection
  2. The Law of Jury Selection
  3. How Jurors Think: What Every Litigator Needs to Know
  4. Preparing for Voir Dire
  5. Voir Dire and the Art of Asking the Right Questions
  6. Jury Selection Strategy
  7. Social Media Use and Other Complex Jury Issues
  8. Ethical Considerations in Jury Selection

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 AZ - Credit Approval Expiration 02/23/2020 *

* denotes specialty credits

Agenda / Content Covered

    9:00 - 9:45, Hon. Robert Oberbillig
    1. The Role of the Judge in Voir Dire
    2. Preparation and Coordination with the Court
    3. Who Asks the Questions: Judge or Attorneys?
    4. Determining the Extent of Attorneys' Examination of Prospective Jurors
    5. Attorneys Trying the Case at Voir Dire - How Much Case Information Can You Introduce During Voir Dire?
    6. The Big DON'Ts of Voir Dire Questions
    7. Custom Jury Instructions
    9:45 - 10:15, David L. Abney
    1. Key Statutes and Case Law Affecting Jury Selection
    2. Local Rules and Procedures to be Aware of
    3. Grounds for Challenges for Cause
    10:15 - 11:00, Benjamin J. Naylor
    1. How Jurors Learn - Structuring Your Case Theory
    2. How Jurors Perceive Attorneys - Building Rapport
    3. How Jurors Determine Credibility - Preparing Your Witnesses for Testimony
    4. How Jurors React to Different Demonstratives - Turning Exhibits/Aids into Persuasive Tools
    5. How to Address Damages - From Both a Plaintiff and Defense Perspective
    6. Preparing Effective Opening Statements, Closing Arguments and Jury Instructions
    7. How Jurors Deliberate and Make the Decision - Giving Them All the Information They Need
    11:15 - 12:00, Benjamin J. Naylor
    1. Developing a Case Theme for Jury Selection
    2. Researching Local Demographics
    3. Using Juror Profiles - Creating Your "Ideal Juror"
    4. Preparing your Pre-Trial Order
    5. When and How to Use Jury Consultants
      1. Assistance in Drafting the Questions
      2. Focus Groups
      3. At Jury Selection and During Trial
      4. Shadow Jury
    1:00 - 1:45, Richard G. Erickson
    1. Who Goes First: Plaintiff or Defense? Strategy of Going First or Second
    2. Establishing Your Credibility and Building Trust
    3. Getting to Know Prospective Jurors
      1. Personality Types to Watch for and Use to Your Advantage
      2. Reading the Non-Verbals
    4. How to Conduct an Effective Group Interview
      1. Standard Questions to Always Ask
      2. Practical Tips for Question Construction
      3. Getting the Jurors Talking
      4. Simple Ways of Keeping Track of Which Juror Said What
      5. Preparing Jurors for Delicate/Unpleasant Aspects of the Case
      6. Getting Truthful Answers to Tough Questions
      7. How to Ask Questions When a Positive Answer May "Poison" the Entire Panel
      8. When to Ask Follow-Up Questions in Chambers
      9. Uncovering Biases that will Sink Your Case
    5. How and When to Object to Opposing Counsel's Questions
    6. What NOT to Do in Voir Dire
    1:45 - 2:30, Richard G. Erickson
    1. Identifying Whom to Strike
    2. Different Methods of Striking Jurors
    3. Peremptory Challenges - When and How to Use These Precious Few
    4. Understanding Opposing Counsel's Striking Strategy
    5. Alternate Juror Selection
    2:45 - 3:30, Dr. Paul D. Friedman
    1. Change of Venue Requests: When and How They're Used
    2. Mining Social Media for Information about Case Parties, Jurors and Witnesses
    3. Researching Private vs. Public Social Media Accounts - What's Ethical?
    4. Uncovering Juror Misconduct and What to Do About It
    5. State Statutory Efforts to Control Jury Social Media Use - Prevention and Penalties
    6. Attorney Use of Social Media at Trial
    3:30 - 4:30, David L. Abney
    1. Respect Toward the Court, the Jurors and Opposing Counsel
    2. Candor Toward the Tribunal
    3. Avoiding Contact with Jurors
    4. Zealous Representation at Trial

DAVID L. ABNEY, Ahwatukee Legal Office, P.C., specializes in civil appeals, civil dispositive motions that may turn into civil appeals, and special actions. He has handled over 300 appeals in Arizona federal and state courts, and in appellate courts in other states. Mr. Abney served in the United States Navy as an enlisted Russian-language cryptographer for four years and later served as an attorney in the United States Navy's Judge Advocate General's Corps. He has earned seven university degrees, including a Master of Laws in Federal Claims Litigation, a Master of Science in Forensic Sciences, a Master of Arts in Southwestern History, and a Doctorate in American History.

RICHARD G. ERICKSON is a partner in the law firm of Snell & Wilmer L.L.P. Mr. Erickson practices in the area of commercial litigation and focuses mostly on real estate and construction law matters. He is also a decorated military officer, a leader and volunteer in the local community and recently served as the elected chairman of his state bar construction section. Mr. Erickson is further distinguished for his exceptional presentations and seminars to national audiences on a variety of topics. He received his B.S. degree from the University of Arizona and his J.D. degree from the University of the Pacific. Mr. Erickson is a member of the Arizona Court of Military Appeals, the American Bar Foundation, the State Bar of Arizona, the Maricopa County Bar Association, the Associated General Contractors of America, the Arizona Builders' Alliance and the Arizona Association of Defense Counsel.

DR. PAUL D. FRIEDMAN is a member of O’Steen & Harrison PLC. Dr. Friedman joined the firm in 1996, and practices in the areas of medical malpractice, significant personal injury and ethics matters. He tried his first traumatic brain injury case in 1993; his practice emphasizes traumatic brain and birth injury cases. He graduated with a B.A. degree from the University of Arizona. He earned his J.D. degree from California Western School of Law, his M.A. degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his Ph.D. from LaCrosse University. Dr. Friedman is an adjunct professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine where he instructs current health care providers and students in the medical field. He is admitted to practice in Arizona, Colorado (inactive), Washington D.C. (inactive), Ninth Circuit Court of Appeals and the U.S. Supreme Court. He is board certified by the National Board of Legal Specialty, certification in civil pretrial practice advocacy and civil trial advocacy (NBOTA). Dr. Friedman has been certified in injury and wrongful death litigation by the State Bar of Arizona since 1997. He is an associate with the American Board of Trial Advocates (ABOTA). Dr. Friedman is a diplomate of the American Board of Forensic Examiners® and routinely teaches the Certified Forensic Consulting® certification course.

BENJAMIN J. NAYLOR is an experienced litigator and trusted advisor to his clients, which include employers of all shapes and sizes, from two-person startups to Fortune 100 companies. Mr. Naylor provides simple, practical advice to keep his clients compliant and out of the courtroom. If litigation is unavoidable, he has a track-record of proven success. Mr. Naylor’s trial work includes defense of wrongful discharge, disability, retaliation, sex and age discrimination claims, as well labor arbitrations (contract and discharge). He represents employers in proceedings before the DOL, EEOC, and ACRD. Mr. Naylor has also defended a significant number of wage and hour collective actions under the FLSA. He is licensed to practice in Arizona and Illinois, and is a member of the Trial Bar for the U.S. District Court for the Northern District of Illinois. Mr. Naylor also serves on the Civil Jury Instructions Committee for the State Bar of Arizona. Mr. Naylor earned his B.A. degree, with distinction, from the University of Iowa and his J.D. degree, with distinction, from the University of Iowa College of Law. Mr. Naylor is a native Iowan and proud University of Iowa alumnus.

HON. ROBERT OBERBILLIG was appointed to the Maricopa County Superior Court in 1998 and served for 19 years. Prior to Judge Oberbillig’s appointment, he was a trial lawyer in the areas of serious injury torts and a wide variety of commercial matters. He earned his J.D. degree, with highest distinction, from the University of Iowa School of Law in 1982. As of January 1, 2018, he will be in private practice as a mediator/arbitrator with the firm Skelly, Muchmore, and Oberbillig LLC.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

AZ CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE Interactive CLE requirement for the State of Arizona, including 1.0 hour of professional responsibility Interactive CLE credit.

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