In the world of jury selection, many attorneys mistakenly view uncovering biases in jurors as a negative. However, as the renowned Southern California attorney Gary A. Dordick explains on the Picking Justice podcast, bias itself isn’t the enemy—it’s the failure to uncover those biases that can make or break a case.
The Power of Jury Selection
Jury selection isn’t just about picking people who you think will be most likely to side with you. It’s about finding the jurors who will truly understand your case and think critically about the issues at hand. As a trial lawyer, Gary A. Dordick learned over time that his role wasn’t just to sell himself and his credibility, but to create an environment where jurors felt comfortable enough to share their biases, perspectives, and experiences.
“I’ve learned that your credibility is important, but I have to see how they think about things,” says Gary A. Dordick. His experience has shown that asking jurors the right questions and giving them space to express their views is far more valuable than simply relying on initial impressions.
Understanding Juror Bias
Jurors, just like everyone else, bring personal biases to the table—whether they realize it or not. Trial attorneys must dig deeper than surface-level answers during jury selection. For example, Gary A. Dordick recalls an experience where a juror appeared unbiased at first glance, but upon further questioning, the juror’s views on premises liability (specifically regarding lawsuits against property owners for dangerous conditions) became clear.
“Tell me what you think about suing the owner of the property for a dangerous condition,” Gary A. Dordick says. “That bias would have come out in the way he phrased things after a couple of sentences and discussion back and forth.”
Such seemingly minor insights into juror thought processes can make all the difference in a trial.
It’s All About the Questions
The key to finding biases lies in the questions attorneys ask. Gary A. Dordick explains that many attorneys fail to ask the right questions, often sticking to the basics like hobbies or family life. While this information is helpful, it’s not always telling when it comes to understanding a juror’s potential biases about the trial at hand.
“You never want to get back there after jury selection and say, ‘I think we got to get rid of this juror because I’m worried he’s an accountant and therefore he’s going to feel a certain way,'” says Gary A. Dordick. “If you feel that way, ask him.”
By posing questions about a juror’s professional background, experiences, and beliefs, an attorney can gather vital information to better gauge their stance on key issues. Gary A. Dordick advises asking open-ended questions like, “How do you feel about awarding money for quality of life without a formula?” or “How do you spend your free time?”
The Power of the “Catchall” Question
When it comes time to wrap up jury selection, Gary A. Dordick has one question that he always asks: “Is there anything that I should know about you that I have not asked that might be important?” This seemingly simple question has revealed insights that could have been missed otherwise.
He recounts a story where a juror didn’t vote for his client because she felt he reminded her of her ex-husband. Despite this clear bias, the juror never spoke up during jury selection because no one asked the right question. By inviting jurors to share any unspoken thoughts, attorneys can uncover hidden biases and ultimately make better decisions when selecting a jury.
The Importance of Experience
Gary A. Dordick’s approach to jury selection is grounded in decades of experience. Having personally selected hundreds of juries, he still places great value on collaborating with other experienced professionals like Harry Plotkin, a renowned jury consultant and founder of yournextjury.com, to refine his trial strategy. While Gary A. Dordick brings a wealth of expertise to the table, he understands the importance of collaboration, ongoing learning, and continuously perfecting the art of jury selection.
“Even when I’ve picked between 150 and 200 juries, I still contact Harry to come to work with me because he’s got that knowledge and experience,” Gary A. Dordick shares. “He’s picked thousands of juries, and that’s invaluable.” This highlights the importance of collaboration and seeking second opinions in the legal field. Even with years of experience, having an additional expert’s perspective can make a significant difference in achieving the best outcomes for your case.
In Conclusion
Gary A. Dordick‘s approach to jury selection emphasizes the importance of understanding jurors beyond their surface-level answers. Bias isn’t something to fear—it’s something to uncover. By asking the right questions, probing deeper into jurors’ experiences, and being willing to listen, trial attorneys can gain the insight necessary to build stronger cases and achieve better outcomes.
At Dordick Law Corporation, we have extensive experience in jury selection and trial litigation. Our offices are located in downtown Los Angeles, Beverly Hills, and Riverside. If you would like to schedule a free consultation with our team, you can do so by clicking here or calling us toll-free at (800) 555-5595.
