Once you know how you will be presenting your case you then build your witnesses to support the evidence. You must determine want you want out of your witnesses before you begin preparing them.

You need to determine what testimony you expect from your witnesses’ depositions and trial testimony before they get deposed. I use a technique that builds the parameters and boundaries of the witness’s actual knowledge of the facts that pertain to the case. This technique builds their “Box Of Knowledge.”

By using this approach you will be able to build the four corners of their testimony. This “Box Of Knowledge” is designed to keep the witness aware of their actual knowledge and avoid making statements of opinions, assumptions, speculations and conjectures.

There are 3 specific rules to follow that will help get the jury connected to your case.

1. Believe in your case. Deal with the weakness and negative issues before you walk through the courtroom doors.

2. A well prepared case breeds confidence and worthiness of a verdict in your favor.

3. Be aware of your mental and emotional connection with your case and your opponent’s case.

If your presentation over emphases the issues that are troublesome, the message to the jury is there are problems in your case. You may think if you get the problems out before your opponent then all is good. There is truth to that, but most trial lawyers say too much about those bad facts, thereby, promotes an awareness of “heads up” this is a problem for that party.”

How do you avoid telegraphing? Embrace your facts and take the emotions out of those bad or problematic facts. If you are comfortable with the issues and weaknesses of your case then the message to the jury is “it’s not a problem, just a fact.” Don’t build the facts against your own case let your opponent do their own work.

What mix of gender, age, race and background are you interested in getting on your panel. Have a desired profile before jury selection, it will help you strategically when it comes time for the “for cause challenges” and the “preemptory challenges.”

You also need to think about what type of jurors your opponent will want so you can strategically use your challenges wisely.

There are 7 areas of concern that you need to pay attention to during jury selection.

1. What are the issues of your case?

2. What are the potential biases and prejudices that a potential juror may have pertaining to the facts of your case?

3. Ask open-ended questions that will engage the potential juror to reveal their opinions, beliefs and convictions.

4. Listen to the potential juror’s choice of words and phrasing of their words.

5. Watch for the non-verbal responses, including facial and body clues to help you ask follow up questions.

6. Ask open ended clarifying questions.

7. Accept the potential juror’s answer. Avoid trying to change their position.