In the December 2024 issue of Trial Magazine, New Orleans trial lawyer Russ Herman wrote about tips for conducting meaningful and effective voir dire. Russ is one of the nation’s best trial lawyers and this very informative article I have summarized below:

1. Never Ignore a Juror

Even if a prospective juror gives you a bad vibe, do not ignore them. Every juror matters. Overlooking someone risks alienating them and missing valuable insight. Engagement demonstrates respect—and respect builds credibility.

2. Connect Physically and Vocally

If permitted to face the jury, stand in front of the jury box, about three feet from the rail. Move horizontally from left to right, making eye contact with each juror. Lower your voice to draw them in—people naturally lean forward to listen. When they do, slightly raise your voice and step closer to deepen the connection. This deliberate physical presence creates engagement and attentiveness.

3. Ask Open-Ended Questions

Voir dire is not the time to lecture or persuade. It is the time to listen. Open-ended questions invite conversation and reveal genuine beliefs. When lawyers argue during jury selection, they lose the opportunity to learn.

4. Invite Sharing, Not Agreement

One of Russ’s favorite questions is simple and powerful:
“Would you please share [your thoughts] with us?”

Follow it with:
“Are you willing to share with us why you feel that way?”

This approach invites honesty and explanation. In contrast, leading questions like “Don’t you believe that…?” shut down meaningful dialogue.

5. Use Rapport Strategically

When you find a juror who is in sync with you and with whom you’ve built rapport, recognize that opposing counsel may challenge them. Use that juror wisely. Their thoughtful responses can help educate and influence the broader panel before any objection is made.

6. Watch for Hesitation

After a supportive juror shares something positive, ask other jurors to raise their hands if they agree. Then observe carefully. Hesitation, body language, and facial expressions provide powerful clues. Voir dire is as much about observation as it is about questioning.

7. Never Reprimand a Juror

Under no circumstances should you scold or openly disagree with a prospective juror. Doing so damages trust—not only with that individual but with the entire panel. Respect must remain constant, even when you hear something unfavorable.

8. Manage Peremptory Challenges Wisely

Strategic discipline matters. Always try to keep one peremptory challenge in reserve. Flexibility late in the process can prove invaluable.

9. Empower the Jury

From the very beginning, remind jurors of their importance. Tell them:

“You are the power of democracy. Only you are the deciders in this trial. Not lawyers like the other counsel or me.”

Empowerment fosters responsibility. When jurors feel respected and entrusted, they take their role seriously.

10. Use Self-Deprecating Humor

Humor can be powerful—but it must be used carefully. Self-deprecating humor humanizes you. Laugh at yourself, not at others. When done appropriately, both judge and jury will laugh with you, and walls come down.

The Underlying Principle

Russ’s guidance reveals a deeper truth: effective voir dire is not about control—it is about connection. It is about creating an environment where jurors feel heard, respected, and valued. When jurors feel safe to speak honestly, the lawyer gains insight and credibility. At its core, voir dire reflects the very theme of the piece—the joy of helping others. By treating jurors with dignity and empowering them to fulfill their civic role, lawyers elevate not only their advocacy but the justice system itself. Learn from an extraordinary plaintiff’s lawyer jury selection done right