Countering Reptile Theory in Jury Selection: Educating, Persuading, and Overcoming Unfavorable Bias in Voir Dire
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide defense counsel in techniques designed to recognize and counterbalance plaintiff's "reptile" tactics when they occur during voir dire and jury selection as well as how to use jury selection to set the foundation for a successful result. The program will also discuss countering "reptile" issues that may arise with jury instructions and verdicts.
Outline
- Goals of voir dire
- Identifying "reptile" tactics during voir dire
- Identifying favorable and unfavorable biases
- Unalterable prejudice and rehabilitation
- Reptile issues in instructions and verdict forms
Benefits
The panel will review these and other key issues:
- How can counsel educate potential jurors?
- How can questions be phrased to make rehabilitation of negative jurors difficult?
- How can the opposing party's strategy be ascertained from voir dire?
Faculty
Emily McDonald, Ph.D.
Litigation Consultant
Bloom Strategic Consulting
Dr. McDonald uses social science to identify the factors that effect and influence juror decision-making in the... | Read More
Dr. McDonald uses social science to identify the factors that effect and influence juror decision-making in the courtroom. She has critically analyzed data produced in over 100 mock jury studies conducted nationwide and translates the findings revealed in each jury study to offer insight and understanding to counsel about the way trial jurors will likely view the case. Dr. McDonald provides strategic implications and recommendations to refine and effectively communicate case strategy and key case concepts.
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M. Jansen Voss
Partner
Christian & Small
Mr. Voss has developed a diverse defense litigation and appellate practice in both state and federal courts in Alabama... | Read More
Mr. Voss has developed a diverse defense litigation and appellate practice in both state and federal courts in Alabama and Mississippi. He represents a wide range of businesses, governmental entities, and individuals in complex personal injury and wrongful death lawsuits, as well as business disputes and breach of contract matters.
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Kathryn S. (Kate) Whitlock
Partner
Wood Smith Henning & Berman
Kate Whitlock is a partner with the Atlanta office of Wood Smith Henning & Berman, LLP. She has spent her entire... | Read More
Kate Whitlock is a partner with the Atlanta office of Wood Smith Henning & Berman, LLP. She has spent her entire career defending people accused of not doing their jobs right. Her goal is to resolve disputes promptly so that her clients can get back to focusing on what they do best – their work – but jury trials are sometimes necessary and Kate steps up to that plate. Over the years, she has seen an increase in both the number and size of “nuclear verdicts” from juries. Reptile Theory has contributed to that rise. Kate’s defense arsenal therefore includes a hefty dose of anti-reptile weapons. Kate lectures and publishes articles regularly on the subject. When not battling reptiles, Kate enjoys working with senior citizens and spending time with her lawyer-husband, three non-lawyer children, and two dogs.
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Kalyn Wilson
Jury Consultant
Bloom Strategic Consulting
Ms. Wilson has worked on over 200 cases to date and utilizes her aptitude for psychology to develop strategic feedback... | Read More
Ms. Wilson has worked on over 200 cases to date and utilizes her aptitude for psychology to develop strategic feedback for attorneys in mock trial reports on 40+ cases each year. Additionally, she has spent over 500 hours in the courtroom providing recommendations and guidance in real-time, helping
her clients to achieve the desired result. Having worked for Bloom Strategic Consulting since 2014, Ms. Wilson’s experience includes pre-trial research, courtroom communication, litigation strategies, and jury analysis. Specializing in mock trial exercises, Her assessment of hundreds of mock jury deliberations provide her with unique insight and understanding to juror level decision-making. Ms. Wilson is adept in applying mock jury research to the courtroom and has led numerous shadow juries for attorney clients who desire real-time feedback about their cases from a juror perspective. She evaluates panel members’ responses and opinions in order to identify perceptions, biases, and characteristics unfavorable to case outcome. Ms. Wilson also conducts post-trial interviews and analysis to better understand particular decision-making patterns in the jury room during deliberations. Using her knowledge of human behavior and social sciences, she analyzes attitudes and reactions to specific case fact patterns in order to better position clients at trial. This includes drafting analytical reports, formulating arguments that resonate as desired on a juror level, and developing alternative trial strategies.