On December 1, 2022, Wilson Elser National Trial Team (NTT) members Stratton Horres, Mat Ross and Urvashi Sinha presented “Effective Strategies in Jury Selection” to more than 150 attorneys firmwide via webcast. The presentation centered on how to avoid exceptionally high jury awards driven in large part by aggressive plaintiffs’ attorneys, an increasingly polarized society and an unremitting buildup of corporate distrust. Otherwise known as shock verdicts, these outsized awards are on the rise, putting undue strain on corporations and their insurance carriers.

Avoiding shock verdicts starts with jury selection. Indeed, the ability to effectively conduct voir dire often separates fundamentally competent attorneys from master trial lawyers. Stratton, Mat and Urvashi shared their thoughts on not only selecting jurors but also “priming” those selected to side with defense arguments at trial. Citing actual cases, they offered proven strategies regarding:

• Calculated use of motions in limine prior to or during jury selection
• Combatting plaintiffs’ counsel’s use of Reptile Theory arguments designed to exploit primal fear and anger among potential jurors, and using this same tactic to the defense’s advantage
• Identifying jury composition most advantageous to a client and soliciting genuine attitudes and opinions during the selection process
• Countering corporate bias among potential jury members
• Reducing the chances of plaintiffs’ counsel entering prejudicial evidence or testimony at trial.

Participants engaged in an interactive dialogue throughout the presentation and were challenged to apply some of these “shock-avoidance” principles in their work at trial or in various supporting roles.

NTT chairs and regional leaders plan and conduct such training seminars on a regular basis. They are committed to developing the next generation of trial lawyers and, by recognizing and responding to new societal and legal trends, maintaining Wilson Elser’s trademark effectiveness in court.

For more information and insights on how jury selection can help mitigate the chances of shock verdicts, you’re encouraged to listen to Stratton Horres’s recent podcast, “Jury Selection – Voir Dire or Very Dire.” Recorded on November 14, 2022, this podcast features Stratton’s enlightening discussion with Shelly Spieker, Ph.D., a senior litigation consultant at Persuasion Strategies.