Litigator’s Playbook
Miss Manners Matters – So Do First Impressions
by Jeri Kagel, M.Ed., J.D.
Voir dire. Anglo-Norman derivation: voir (truth) + dire (speak), or
Voire dire. French derivation: “to speak the truth.”
Voir dire. Legal practice: question/answer.
Attorneys ask questions and veniremembers speak the truth. Based on this definition, the goal of voir dire should be obvious: to seek the truth. However, judges and many attorneys often have another goal for voir dire: to get it done quickly. But giving voir dire short shrift neglects many of the benefits that may be reaped from a thoughtful and well-executed voir dire. Three important goals, which have been discussed and debated over the years, include:
1. Educate: voir dire educates the jury about your case;
2. Eliminate: voir dire uncovers any bias, prejudice, or attitude that could hurt or help your case;
3. Engage: voir dire begins to establish rapport with the jurors.