Jury Selection Handbook

The Nuts and Bolts of Effective Jury Selection

by Ronald H. Clark, Thomas M. O'Toole

Tags: Courts, Lawyering Series, Lawyering Skills/Study Aids, Litigation, Trial Advocacy

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374 pp  $63.00

ISBN 978-1-5310-0797-3
eISBN 978-1-5310-0798-0

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Jury selection can be a terrifying experience for even the most seasoned trial attorneys. Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection dissects the process and highlights the strategic choices available to trial attorneys at every step of the process. This book is intended for law students and fledgling lawyers who are acquiring their jury selection skills, as well as veteran trial lawyers who want to refresh and expand their approaches. The book provides practical guidance for how to prepare for jury selection; craft motions and responses to motions regarding voir dire; exercise challenges; make favorable impressions of counsel, the client, and the case; break the ice and question prospective jurors; and evaluate jurors and tap into hidden beliefs and pre-dispositions. The book can be adopted for law school trial advocacy courses and clinics as well as continuing legal education seminars. Online appendices provide examples of jury questionnaires, motions and responses to motions, and transcripts of a dozen complete jury selections in both federal and state courts and civil and criminal cases.

The online appendices can be found at http://caplaw.com/jury.

It was a pleasure readingJury Selection Handbookby Professor Clark and Mr. O'Toole. To begin with, it is a thorough treatment of the subject. The 14 substantive chapters touch on virtually every facet of the jury selection process. . . . In addition, the text goes far beyond the rudiments and exposes the reader to advanced techniques. . . . I found it to be at once comprehensive, sophisticated, and practical. . . . this is the single best short volume that I have read on jury selection. It would be a valuable addition to the library of any law student interested in litigation, a neophyte trial attorney, or even a counsel with a middling level of experience."

— Edward J. Imwinkelried, Professor of Law Emeritus, UC Davis School of Law

"Living up to its 'handbook' label, the text aims toward comprehensive coverage of the process and providing both a legal and practical foundation. . . . Throughout, the authors call out good advice in clear and simple terms. . . . Perhaps the area where the book most differentiates itself is through the use of constant examples and in providing a wealth of additional information for use in classrooms and continuing legal education programs. . . . the book provides a foundation grounded in practice, but points toward the importance of some more advanced questions.

— Dr. Ken Broda-Bahm, Persuasive Litigator

"Jury Selection Handbook is the most comprehensive analysis of jury selection in the marketplace and a 'must' read for every lawyer, regardless of experience. Ronald Clark and Thomas O'Toole are to be congratulated for their exhaustive discussion of every phase of voir dire, from its preparation, to the strategies behind successful voir dire, to the evaluation of jurors and to the legal tactics incidental to voir dire. The new lawyer will find comfort in the discussions on the basic rules and premises for jury selection; the veteran lawyer will enjoy the chapters on the subtleties and psychology behind voir dire. All will find the book a necessary addition to their legal library."

— Judge Michael D. Marcus

"Jury Selection Handbook is a well-organized, easily understood explanation of the nuts and bolts of how to go about picking a jury. The pages are filled with gems of practical wisdom that it took me years to learn in the school of hard knocks; and the book's prescriptions for organizing, planning, and executing the voir dire examination are on the mark."

— Professor Bob Dekle

"Jury selection has been correctly described as the most difficult challenge in litigation. Fortunately for attorneys and law students alike, there is a little gem which effectively demystifies the process. This is Clark and O'Toole, Jury Selection Handbook. Commendable wisdom is typically shared on practical topics which appear throughout the book. As wise practitioners of their professions, the authors supply a handy checklist at the end of the book. The checklist provides a review of the important subjects contained in the text."

— Ronald L. Carlson, Professor of Law Emeritus, University of Georgia

"Effectively uncovering juror bias is one of the most critical elements in a fair trial. Ronald Clark and Thomas O'Toole have rolled all the elements of voir dire into one package, including legal foundation, strategy, and use of case theme, theory and story, illustrated with transcripts from real cases. Highly recommended."

— William S. Bailey, Professor From Practice, University of Washington School of Law

"Jury Selection Handbook starts with an overview of the jury selection process that covers every facet of getting jurors to the courthouse and in the box. It beats how we did it when I was a baby lawyer: watch and learn. But the book covers more than basics. It is sophisticated enough to be useful to seasoned trial veterans. I view this as the best single volume available on jury selection."

— Philip W. Thomas, Attorney at Law, Jackson, Mississippi

"Jury Selection Handbook is the finest treatment of this difficult subject I have read. Even for lawyers practicing in a small jurisdiction, where voir dire is very limited, the insight into such subjects as reading prospective jurors' behavior and body language is extremely useful. Chapter Six in particular is useful not only for jury selection but on how to comport yourself during the entirety of the time you are in the jury's presence. Every aspect of jury selection, from summoning the jurors through swearing in the petit jury panel, is discussed in an engaging and approachable style. Lawyers at every level of experience, from rookie to veteran, will be able to mine this book for value."

— Kevin Brackett, 16th Circuit Solicitor

"Have you ever lost sleep over the best way to organize your jury selection process? Since reading this book, I know exactly what to do before a trial and I no longer feel worried about voir dire. This is the book for lawyers who want to be organized and confident throughout the jury selection and pretrial process. The sample juror questionnaires and transcripts of complete jury selections provide a head start for drafting an effective selection procedure. The book also has sample motions and responses tailored to jury selection. In addition, this volume comprehensively covers the laws, rules, and procedures for jury selection, challenges, investigation, the use of jury consultants, positive exchanges with juror, how to get useful information from jurors, evaluating prospective jurors, and more. In short, this book shows us the most efficient and effective method for selecting a jury. This is the only jury selection book we'll ever need. It's for experienced lawyers as well as those who have just passed the bar. Read it now and get more sleep."

— Barbara Frost, Professor of Law, Seattle University

This book is part of the Lawyering Series, edited by Roger I. Abrams of Northeastern Law School.

Comp Copy If you are a professor teaching in this field you may request a complimentary copy.