In preparing for jury selection in a medical products liability case, I started by creating an outline of things I wanted to keep in mind.I did this early in the preparation process in order to keep me focused.My goal was to keep the concepts brief and on a single sheet of paper. Here is the start of the outline which was then refined as the preparation progressed. This isoffered as simply an example of how one can do this in a simple manner:

• Focusing on the bad conduct of the defendant shifts the availability bias and causes the defendant to be the subject to the greater weight of scrutiny instead of plaintiff. Start with defendant’s conduct.
• The concept "need for protection" fits everyone’s bias i.e. we all need and want to be protected. Jurors are unconsciously attempting to protect themselves by their verdict.
• Therefore, It is important to stress the importance of the need for protection while we are talking about the defendant’s conduct i.e. to protect us from that kind of conduct.
• uring trial we need to speak about the justice system, the jurors and our role as protectors of our clients and, by extention, of the jurors and their families.
• We need to talk about the jurors and our role in equalizing power and leveling the playing field for all of us which makes us safer

Note: Keep in mind the following:

• On cross ask: "would you do it all over again?"
• Emphasize:

!. it was preventable, avoidable and inexcusable
2. it was needless, senseless and thoughtless

• Jurors ask themselves:

a.what the issues in this case?
b. why is this case important?
c. what will the verdict mean to me
d. What will the verdict mean to the parties?

• Jury question areas of inquiry:

1.If you were (name of client)how would you feel about having someone just like you on the jury?
2.How important do you think it is to have fair minded jurors decide cases like this?
3.You’ve heard of frivolous groundless lawsuits?
4.By the same token, do you think there can also be frivolous and groundless defensestolawsuits?