NEW YORK — In the latest episode of the video podcast “Speaking of Litigation,” Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier dive deep into the intricacies of jury selection—a fundamental but complex aspect of legal trials. The discussion offers a blend of ancient strategies and modern innovations, including the use of artificial intelligence, highlighting its evolving nature in today’s legal environment.
Eric Neiman, a partner at Epstein Becker Green in Portland, Oregon, opened the dialogue by emphasizing the frequency and importance of jury selection in civil cases across the United States. He noted the significant change the legal field has undergone, particularly with the integration of technology in courtrooms and the evolving societal attitudes following the pandemic.
The attorneys shared insights into the processes and challenges of forming impartial juries, especially in an era marked by heightened societal polarization. They explored the use of artificial intelligence in jury analytics, which can drastically speed up background checks on potential jurors, allowing lawyers to make more informed decisions swiftly.
Teddy McCormick, speaking from his experience in the firm’s Princeton office, discussed the geographical differences in the voir dire process—the preliminary examination of potential jurors. He highlighted the contrast between personal and virtual screening processes, each presenting unique advantages and challenges. McCormick pointed out how remote screenings could offer a glimpse into a juror’s personal environment, providing additional context that might influence jury selection strategies.
Jonathan Brollier, based in Columbus, Ohio, emphasized the importance of thorough preparation and understanding each courtroom’s unique jury selection procedures. He suggested attending other trials to observe the selection process, which could provide critical insights into effectively navigating this phase of a trial.
Moreover, the attorneys discussed the ethical implications of using technology in juror research, stressing the fine line between gathering information and respecting privacy. They reflected on the role of social media in understanding jurors’ backgrounds, acknowledging the need to avoid overstepping legal boundaries like making unauthorized contact with jurors on private social platforms.
The conversation also touched on the challenges of maintaining objectivity and fairness in jury selection, particularly concerning unconscious biases. The issue of peremptory challenges—where attorneys can reject a certain number of potential jurors without stating a reason—was discussed, with an emphasis on the evolving legal standards aimed at preventing discriminatory practices.
This episode of “Speaking of Litigation” not only sheds light on the dynamic field of jury selection but also provides practical advice for legal professionals navigating the complexities of modern trials. Whether through traditional methods or cutting-edge technology, the ultimate goal remains to form a jury capable of delivering a fair and unbiased verdict.
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