By Bob Gerchen
Most veteran trial lawyers will agree that while a case is not always won in jury selection, it can easily be lost there. It is one of the three most critical junctures of any trial (the other two being opening statement and cross-examination of the first witness), yet voir dire usually is relegated to the proverbial back burner, only to be attended to in the waning days—or even hours—just before trial begins.
IF YOU’VE WAITED UNTIL THE WEEKEND BEFORE TRIAL TO PLAN YOUR VOIR DIRE, YOU’VE WAITED TOO LONG The construction of voir dire needs to start weeks before your case gets to trial, after you’ve conducted your pre-trial research (you have conducted pre-trial research, haven’t you?) and you are starting to prepare your case-in-chief in earnest. If you find yourself waiting until Saturday or Sunday before trial, jotting some questions down on a pad and then getting up in court on Monday and conducting your voir dire, without the benefit of research-based profiles or of rehearsal, you could well be missing out on the opportunity to educate your jurors and to weed out those most dangerous to you.
THE PURPOSE OF VOIR DIRE IS NOT TO DETERMINE IF JURORS CAN BE FAIR AND IMPARTIAL!
Sorry, but there is no such thing as an impartial juror. Every person who arrives in the courtroom—juror, lawyer, judge, clerk, court reporter, bailiff—brings two things:1. Life experiences.2. The attitudes that are a result of those life experiences.So, the purpose of voir dire is to uncover those attitudes and experiences, get jurors to talk about them, and then send home the folks who have attitudes that are hostile to your case and/or your client.
The Key Purposes of Voir Dire
• Find and dismiss jurors who will be harmful to your case• Get the themes of your case in front of jurors• Find out who your jurors are and what they have to say about the issues, so that you have a better idea of how to communicate with them during your case.
Your Goals in Voir Dire
• Get them to talk!• Get them to talk about your themes• Get them to talk themselves off the jury, if they are hostile to your case
IF YOU ONLY REMEMBER ONE THING FROM THIS ARTICLE, THIS IS IT
Do you go into trial without practicing your opening statement? Then why not spend time rehearsing the part of the trial when you speak to jurors first? If you don’t practice your voir dire, why not? If you do practice voir dire, do you practice with people in the room? If you practice with people in the room, are these laypeople? If these are laypeople in the room, do you ask them for their feedback on how this voir dire made them feel? If you ask them for feedback, do you apply it to your voir dire going into trial?
The bottom line is, your voir dire—not your opening statement—is when you make your first impression on the jurors. Make the most of the opportunity. Practice, refine your voir dire.
Bob Gerchen is a nationally-known jury consultant and author who helps lawyers communicate with people who don't have law degrees through consulting, books, articles, a newsletter and seminars. His Courtroom Presentation Tips newsletter (http://www.winmorecases.com) offers free tips for lawyers to help them win more cases. Bob is also the author of the book, 101 Quick Courtroom Tips for Busy Lawyers (http://www.CourtroomPresentationTips.com). To speak to Bob directly, call 1-877-863-0909.
Article Source: http://EzineArticles.com/?expert=Bob_Gerchen
Thursday, September 4, 2008
Wednesday, September 3, 2008
TIPS ON MAKING PRESENTATIONS
As part of an extended interview/selection centre you may be asked to give a short presentation. Usually you choose the topic from a list which may include your hobbies, a recent holiday, a current affairs topic or one of your achievements, or sometimes you may be asked to make a presentation on a case study you have previously done as part of the extended interview. The purpose is not to test your subject knowledge, but to see how well you can speak in public. Typically you will be asked to talk for five minutes, and will be given 20 or 30 minutes beforehand to prepare.
SOME BASIC TIPS
Smile.
Speak clearly and confidently, and not too fast. Use your voice to emphasise points – don't talk in a monotone the whole time.
Keep within the allotted time for your talk.
Look at everyone in the audience from time to time, not just at your notes. Try to involve everyone, not just those directly in front of you.
You could try to involve your audience by asking them a question.
Don't read out your talk, as this sounds boring and stilted, but refer to brief notes jotted down on small pieces of card.
It’s OK to use humour, in moderation, but better to use anecdotes than to rattle off a string of jokes.
Take along a wristwatch to help you keep track of time – the assessor may cut you off as soon as you have used the time allocated, whether or not you have finished.
It can be very helpful to practise at home – in front of a mirror or a friend. Time how long your talk takes.
HAVE A STRUCTURE FOR YOUR PRESENTATION
Have a beginning, middle and an end:
Introduction
Welcome the audience.
Say what your presentation will be about.
The introduction should catch the attention. Perhaps a provocative statement or a humorous anecdote:
“Genetically-modified crops could save millions of people from starvation”
“The first day of my vacation job went with a bang, but it wasn't my fault that the microwave exploded.
The Middle should outline your argument or develop your story
In five minutes you will only have time for two or three main points. List your main headings and any key phrases you will use.
Conclusion
Briefly summarise your main points.
Answer any questions.
Thank the audience for listening.
The end should be on a strong or positive note – not tailing away to “..well that's all I've got to say so thank you very much for listening ladies and gentlemen”. You could try something along these lines:
“Hang-gliding is brilliant, so try it – you'll believe a man can fly!”
“The danger is increasing – if we don't all act soon it could be too late!
The above has been neatly summarised as "Tell them what you will tell them(introduction), tell them(development), tell them what you told them(conclusion)".
In preparing your talk, first jot down any interesting points you want to include in your talk, put these in a logical sequence, then try to find an interesting title, and a good introduction and ending.
Smile, make eye contact - the usual things. DON'T PANIC!
Take a hard copy of your presentation (printed-out): they were impressed by this and it was a good idea as the laptop crashed anyway.
USING AN OVERHEAD PROJECTOR, FLIP CHART OR POWERPOINT
You may be allowed to use an overhead projector(OHP), data projector, or flip chart as part of your talk, If you think that you might like to use one, then it's wise to try to practice on one beforehand so you know what you are doing!
Stand to one side of the projector/flipchart, so the audience can see the material.
Face and speak to your audience, not the screen.
Don't use too many transparencies/ sheets of paper - two or three should be sufficient for a short presentation.
Don't try to write too much on each -twenty to thirty words in large letters is quite sufficient for one transparency. Use note form rather than full sentences.
If using PowerPoint use the FormatApply design template command. Gives you a wide range of nicely preformatted slide designs to choose from and saves you a lot of time.
PRESENTATION WORKSHOP -OBSERVERS NOTES
This has been used by the Careers Advisory Service in Presentation Skills Workshops. It may give you some idea on the areas assossors may be marking you on in an assessed presentation.
When giving feedback, try to be constructive and specific e.g. don't say "That wasn't a very good presentation'', say "I think you need to raise your voice next time as I couldn't hear you very well''. Be tactful and encouraging: remember that this might be the person's first attempt at speaking in public!
NON-VERBAL SIGNALS
Use of hands -too much/too little?
Smiling?
Eye contact with audience none/some of audience/everyone?
Standing still/ moving around/ standing up straight or slouching?
Position in relation to audience?
Mannerisms -shrugs etc?
VOICE
Quiet/Loud/Clear/Muffled?
Slow or fast speech?
Monotonous or varying voice?
Use of humour?
CONTENT
Well structured and following a logical sequence?
Did it have an introduction and conclusion?
Did they finish within time limit?
Was the talk too simple or too complex and jargon-filled?
Was it interesting?
Was the speaker enthusiastic, serious, confident?
Were notes used? Were they read out, or just used for key points?
Were questions asked or invited? If so were they handled well?
Did the audience seem involved?
VISUAL AIDS
Was a flip chart, PowerPoint or other props used?
Were they used well? Did they add to the talk?
From: TIPS ON MAKING PRESENTATIONS
SOME BASIC TIPS
Smile.
Speak clearly and confidently, and not too fast. Use your voice to emphasise points – don't talk in a monotone the whole time.
Keep within the allotted time for your talk.
Look at everyone in the audience from time to time, not just at your notes. Try to involve everyone, not just those directly in front of you.
You could try to involve your audience by asking them a question.
Don't read out your talk, as this sounds boring and stilted, but refer to brief notes jotted down on small pieces of card.
It’s OK to use humour, in moderation, but better to use anecdotes than to rattle off a string of jokes.
Take along a wristwatch to help you keep track of time – the assessor may cut you off as soon as you have used the time allocated, whether or not you have finished.
It can be very helpful to practise at home – in front of a mirror or a friend. Time how long your talk takes.
HAVE A STRUCTURE FOR YOUR PRESENTATION
Have a beginning, middle and an end:
Introduction
Welcome the audience.
Say what your presentation will be about.
The introduction should catch the attention. Perhaps a provocative statement or a humorous anecdote:
“Genetically-modified crops could save millions of people from starvation”
“The first day of my vacation job went with a bang, but it wasn't my fault that the microwave exploded.
The Middle should outline your argument or develop your story
In five minutes you will only have time for two or three main points. List your main headings and any key phrases you will use.
Conclusion
Briefly summarise your main points.
Answer any questions.
Thank the audience for listening.
The end should be on a strong or positive note – not tailing away to “..well that's all I've got to say so thank you very much for listening ladies and gentlemen”. You could try something along these lines:
“Hang-gliding is brilliant, so try it – you'll believe a man can fly!”
“The danger is increasing – if we don't all act soon it could be too late!
The above has been neatly summarised as "Tell them what you will tell them(introduction), tell them(development), tell them what you told them(conclusion)".
In preparing your talk, first jot down any interesting points you want to include in your talk, put these in a logical sequence, then try to find an interesting title, and a good introduction and ending.
Smile, make eye contact - the usual things. DON'T PANIC!
Take a hard copy of your presentation (printed-out): they were impressed by this and it was a good idea as the laptop crashed anyway.
USING AN OVERHEAD PROJECTOR, FLIP CHART OR POWERPOINT
You may be allowed to use an overhead projector(OHP), data projector, or flip chart as part of your talk, If you think that you might like to use one, then it's wise to try to practice on one beforehand so you know what you are doing!
Stand to one side of the projector/flipchart, so the audience can see the material.
Face and speak to your audience, not the screen.
Don't use too many transparencies/ sheets of paper - two or three should be sufficient for a short presentation.
Don't try to write too much on each -twenty to thirty words in large letters is quite sufficient for one transparency. Use note form rather than full sentences.
If using PowerPoint use the FormatApply design template command. Gives you a wide range of nicely preformatted slide designs to choose from and saves you a lot of time.
PRESENTATION WORKSHOP -OBSERVERS NOTES
This has been used by the Careers Advisory Service in Presentation Skills Workshops. It may give you some idea on the areas assossors may be marking you on in an assessed presentation.
When giving feedback, try to be constructive and specific e.g. don't say "That wasn't a very good presentation'', say "I think you need to raise your voice next time as I couldn't hear you very well''. Be tactful and encouraging: remember that this might be the person's first attempt at speaking in public!
NON-VERBAL SIGNALS
Use of hands -too much/too little?
Smiling?
Eye contact with audience none/some of audience/everyone?
Standing still/ moving around/ standing up straight or slouching?
Position in relation to audience?
Mannerisms -shrugs etc?
VOICE
Quiet/Loud/Clear/Muffled?
Slow or fast speech?
Monotonous or varying voice?
Use of humour?
CONTENT
Well structured and following a logical sequence?
Did it have an introduction and conclusion?
Did they finish within time limit?
Was the talk too simple or too complex and jargon-filled?
Was it interesting?
Was the speaker enthusiastic, serious, confident?
Were notes used? Were they read out, or just used for key points?
Were questions asked or invited? If so were they handled well?
Did the audience seem involved?
VISUAL AIDS
Was a flip chart, PowerPoint or other props used?
Were they used well? Did they add to the talk?
From: TIPS ON MAKING PRESENTATIONS
Tuesday, September 2, 2008
Advantages and Disadvantages
GIVING ADVANTAGES AND DISADVANTAGES and FOR AND AGAINST TOPIC
If the aim of your essay is to outline the advantages and disadvantages of something, you are not expected to express your own opinion by using personal words or expressions. Start by making a general statement and then divide advantages and disadvantages into two separate paragraphs. An opinion can be expressed in a non-emotional way. E.g. it seems that …, it can be seen that …
When giving arguments for and against a topic you should present both sides in a fair way by discussing them objectively in equal detail. Start your composition by making a general statement about a topic, then give the advantages and disadvantages in two separate paragraphs. Remember to start a new paragraph for each new topic and to make a plan before writing your composition. Finally, end your composition with a well-balanced consideration of the points discussed. It is possible to state an opinion without using strong , emotional or personal expressions. (Do not use words such as: I know, I believe, etc. Use words such as: It seems that…, It can be seen that…, etc.) If you believe that the advantages outweigh the disadvantages, write them just before the final paragraph so that it will be easier for you to lead the reader to the conclusion.
Advantages and disadvantages
INTRODUCTION: General statement about the topic
MAIN BODY: - paragraph 2: advantages and statements to support your point of view
- paragraph 3: disadvantages and statements to support your point of view. Note: If you believe that the advantages outweigh the disadvantages write them in the third paragraph so that it will be easier for you to lead the reader to the conclusion.
CONCLUSION: Give a balanced consideration or give your opinion without using personal words or expressions.
For and against a topic
INTRODUCTION: Introduce the subject of the essay. State why it is an important issue at the present time.
MAIN BODY: - paragraph 2: Give the arguments in favour of the statement.
- paragraph 3: Give the arguments against the statement.
CONCLUSION: Conclude by giving a well-balanced consideration.
EXPRESSING OPINIONS
This type of argumentative composition uses personal expressions, unlike the for and against composition, which does not include them. Your personal opinion should be expressed in the introduction and again in the conclusion, using phrases such as “In my opinion, I believe, I think, I strongly believe, In my view”. You should support your opinion by including examples and reasons for what you have said. When expressing the other side of the argument, you may include it in a separate paragraph. End your composition by restarting your opinion.
Introduction Paragraph 2-3-(4) Paragraph 5 Conclusion
Paragraph 1 Final Paragraph
State topic and Give the first, second, Give the other Re-state your
your opinion clearly third argument, etc. and side of the opinion, using
without using too examples or reasons argument and different words.
many personal to support your opinion. reasons.
opinion words.
PROVIDING SOLUTIONS TO PROBLEMS
After stating the problem and why it arose, mention that there are also several possible solutions. Discuss each suggestion in turn and include any expected result or consequences. Use the concluding paragraph to decide which option will give the best results and explain why this is the case.
INTRODUCTION: State the problem, the main reasons for the problem and that there are several possible solutions to it.
MAIN BODY: - paragraph 2: Your first suggestion and why it would be a good idea.
- paragraph 3: Your second suggestion and why it would be a good idea.
CONCLUSION: Conclude the essay by summarising your opinion – give your final suggestion and explain why it would be a good idea.
DISCURSIVE ESSAYS
A discursive essay should discuss the subject as broadly as possible without losing direction or flow. You should state various viewpoints and discuss them, including opposite opinions. Each viewpoint should start a new paragraph. Each paragraph should include a topic sentence, personal opinion and an opposite opinion. The paragraphs and the opposite viewpoints within paragraphs should be linked together with appropriate linking words. Some of the following aspects should be included: psychological, religious, scientific, artistic, economic, educational, social, political, moral, historical, geographical, personal.
Introduction Main Body Conclusion
Make a general statement Write various points End by giving your
about the topic explaining of view in separate own opinion on the
the past/current paragraphs. In each the subject.
situation. paragraph you should
include the opposite point
of view.
From: Nataša Adžić, prof.
If the aim of your essay is to outline the advantages and disadvantages of something, you are not expected to express your own opinion by using personal words or expressions. Start by making a general statement and then divide advantages and disadvantages into two separate paragraphs. An opinion can be expressed in a non-emotional way. E.g. it seems that …, it can be seen that …
When giving arguments for and against a topic you should present both sides in a fair way by discussing them objectively in equal detail. Start your composition by making a general statement about a topic, then give the advantages and disadvantages in two separate paragraphs. Remember to start a new paragraph for each new topic and to make a plan before writing your composition. Finally, end your composition with a well-balanced consideration of the points discussed. It is possible to state an opinion without using strong , emotional or personal expressions. (Do not use words such as: I know, I believe, etc. Use words such as: It seems that…, It can be seen that…, etc.) If you believe that the advantages outweigh the disadvantages, write them just before the final paragraph so that it will be easier for you to lead the reader to the conclusion.
Advantages and disadvantages
INTRODUCTION: General statement about the topic
MAIN BODY: - paragraph 2: advantages and statements to support your point of view
- paragraph 3: disadvantages and statements to support your point of view. Note: If you believe that the advantages outweigh the disadvantages write them in the third paragraph so that it will be easier for you to lead the reader to the conclusion.
CONCLUSION: Give a balanced consideration or give your opinion without using personal words or expressions.
For and against a topic
INTRODUCTION: Introduce the subject of the essay. State why it is an important issue at the present time.
MAIN BODY: - paragraph 2: Give the arguments in favour of the statement.
- paragraph 3: Give the arguments against the statement.
CONCLUSION: Conclude by giving a well-balanced consideration.
EXPRESSING OPINIONS
This type of argumentative composition uses personal expressions, unlike the for and against composition, which does not include them. Your personal opinion should be expressed in the introduction and again in the conclusion, using phrases such as “In my opinion, I believe, I think, I strongly believe, In my view”. You should support your opinion by including examples and reasons for what you have said. When expressing the other side of the argument, you may include it in a separate paragraph. End your composition by restarting your opinion.
Introduction Paragraph 2-3-(4) Paragraph 5 Conclusion
Paragraph 1 Final Paragraph
State topic and Give the first, second, Give the other Re-state your
your opinion clearly third argument, etc. and side of the opinion, using
without using too examples or reasons argument and different words.
many personal to support your opinion. reasons.
opinion words.
PROVIDING SOLUTIONS TO PROBLEMS
After stating the problem and why it arose, mention that there are also several possible solutions. Discuss each suggestion in turn and include any expected result or consequences. Use the concluding paragraph to decide which option will give the best results and explain why this is the case.
INTRODUCTION: State the problem, the main reasons for the problem and that there are several possible solutions to it.
MAIN BODY: - paragraph 2: Your first suggestion and why it would be a good idea.
- paragraph 3: Your second suggestion and why it would be a good idea.
CONCLUSION: Conclude the essay by summarising your opinion – give your final suggestion and explain why it would be a good idea.
DISCURSIVE ESSAYS
A discursive essay should discuss the subject as broadly as possible without losing direction or flow. You should state various viewpoints and discuss them, including opposite opinions. Each viewpoint should start a new paragraph. Each paragraph should include a topic sentence, personal opinion and an opposite opinion. The paragraphs and the opposite viewpoints within paragraphs should be linked together with appropriate linking words. Some of the following aspects should be included: psychological, religious, scientific, artistic, economic, educational, social, political, moral, historical, geographical, personal.
Introduction Main Body Conclusion
Make a general statement Write various points End by giving your
about the topic explaining of view in separate own opinion on the
the past/current paragraphs. In each the subject.
situation. paragraph you should
include the opposite point
of view.
From: Nataša Adžić, prof.
Monday, September 1, 2008
Past Perfect Tense
PLEASE CLICK THE PICTURES TO ZOOM IN.The Past Perfect is used to refer to actions which took place before a specific time in the past.
ex : Yesterday, between 4 pm and 6 pm, Paul played a game of tennis with a friend.
His mother arrived at 6 pm. When his mother arrived, Paul had finished the game.
◊ The Past Perfect Continuous (had been playing) is used to refer to a past continuous action.
ex : Before his mother arrived, Paul had been playing tennis with a friend.
from: Learn English Today
10 Tips to Make Yourself Understood Every Time
It’s incredibly easy to be misunderstood. What people think you are putting out is never exactly what you intend.
We all read and listen through our own brain filters, biases and broken ideas about the world.
You can’t blame your audience. It is up to us to speak and write clearly.
How can you communicate in a way that will make sure you are understood every single time?
1. Use simple words
- I love the English language but so many words we use have more than one meaning, plus if you make it too fancy your reader is not likely to pick up a dictionary, they will just find something else to read.
2. Make it snappy
- Short sentences, short paragraphs, use a phrase in place of a sentence and a word in favor of a phrase. Don’t overload your audiences brain.
3. Be visual
- You know what they say, a picture is worth many words. If you can’t use an actual picture, paint a picture with colorful words.
4. Repeat
- OK, you might get bored of saying the same things but for the people you are talking to it will likely be their first time. Repetition helps people understand. Advertisers know it takes repetition to get a point across and have it remembered.
5. Rephrase
- If you don’t get it right first time, try again with another approach.
6. Mean what you say
- Don’t say what you don’t believe. People have great BS detectors.
7. Say what you mean
- Don’t muddle your words trying to please everyone. Say exactly what is on your mind if you actually want people to get your point.
8. Freshen up
- Make your message new. If your content seems like something they have heard before you will switch off your audience.
9. WIIFM
- Answer “What’s in it for me?” - Get over yourself, it is about your audience not you.
10. So What?
- Spell out why what you are saying is important. If your audience doesn’t get why they should listen then they won’t.
from: 10 Tips to Make Yourself Understood Every Time
We all read and listen through our own brain filters, biases and broken ideas about the world.
You can’t blame your audience. It is up to us to speak and write clearly.
How can you communicate in a way that will make sure you are understood every single time?
1. Use simple words
- I love the English language but so many words we use have more than one meaning, plus if you make it too fancy your reader is not likely to pick up a dictionary, they will just find something else to read.
2. Make it snappy
- Short sentences, short paragraphs, use a phrase in place of a sentence and a word in favor of a phrase. Don’t overload your audiences brain.
3. Be visual
- You know what they say, a picture is worth many words. If you can’t use an actual picture, paint a picture with colorful words.
4. Repeat
- OK, you might get bored of saying the same things but for the people you are talking to it will likely be their first time. Repetition helps people understand. Advertisers know it takes repetition to get a point across and have it remembered.
5. Rephrase
- If you don’t get it right first time, try again with another approach.
6. Mean what you say
- Don’t say what you don’t believe. People have great BS detectors.
7. Say what you mean
- Don’t muddle your words trying to please everyone. Say exactly what is on your mind if you actually want people to get your point.
8. Freshen up
- Make your message new. If your content seems like something they have heard before you will switch off your audience.
9. WIIFM
- Answer “What’s in it for me?” - Get over yourself, it is about your audience not you.
10. So What?
- Spell out why what you are saying is important. If your audience doesn’t get why they should listen then they won’t.
from: 10 Tips to Make Yourself Understood Every Time
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