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Advanced Voir Dire Techniques: Win the Case Before It Starts

Voir dire is one of the most critical phases of a trial, setting the foundation for a winning case. This webinar will explore cutting-edge techniques to refine your jury selection strategy using market research, media monitoring, sentiment analysis, and behavioral insights. Learn how to identify favorable and unfavorable jurors, test key messaging, and optimize attorney presentation styles. Through data-driven strategies and practical applications, participants will gain a competitive edge in crafting persuasive voir dire approaches that align with case objectives.

Topics covered include:

Trial Skills Law Practice

Agenda:

Welcome & Introduction

Overview of webinar goals
Brief introduction of Jake McKenzie and Intermark Legal

Select the Right Jurors

Market research for jury selection
Media monitoring
Venire research
Draft voir dire questions and mock voir dire
Case sentiment testing — or more to #2?
Favorable and unfavorable juror profiles

Sway Jurors Minds

Narrative testing
Case sentiment testing
Attorney favorability testing
Language testing

Q&A and Closing Remarks (as time permits)

Key takeaways and implementation strategies
Next steps for applying these techniques

Duration of this webinar: 60 minutes

Originally broadcast: August 12, 2025 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Jake McKenzie, CEO of Intermark Group, is introduced as the speaker, with a background in psychology and political science. Jake emphasizes the importance of jury selection in litigation, noting that it often outweighs other factors like argument quality and expert testimony. He introduces the concept of voir dire, explaining that jurors are irrational and decision-making is not purely logical, setting the stage for the discussion on jury selection techniques.

04:49 Understanding Juror Decision-Making

Jake discusses the irrational nature of human decision-making, referencing Dr. Daniel Kahneman's Nobel Prize-winning work on the two decision-making systems in the brain. System Two is rational but effortful, leading people to prefer the more automatic System One, which influences juror behavior. Jurors tend to avoid complex thinking, seeking simple answers, which affects how they process trial information. Understanding these systems is crucial for identifying and influencing jurors during selection, since most decisions are made with System One.

08:59 Selecting the Right Jury

Jake explains the law of least effort, which means that jurors avoid complex thinking. Selecting the right jury involves identifying like-minded jurors and understanding the influence of one or two key jurors on the panel. The goal of voir dire is to select favorable jurors and predispose them to vote for your side, which requires awareness of psychological principles like egocentricity bias. Lawyers must respect data over personal biases, using demographic and psychographic information to identify good and troublesome jurors.

21:48 Influencing Juror Perceptions

Jake discusses influencing juror perceptions by using favorability testing to understand how jurors view attorneys. He highlights the commitment principle, under which jurors' initial decisions influence their subsequent beliefs and actions. The consistency principle is explained, showing how jurors align their beliefs with their public statements to avoid being seen as inconsistent. Jake advises on structuring questions to lead jurors to desired answers, using the yes principle to increase agreement with key questions.

30:58 Effective Questioning Techniques

Jake outlines effective questioning techniques, starting with simple questions to build agreement before asking more complex ones. He stresses the importance of language, using examples like the difference in perception between 'front group' and 'proxy group.' The misinformation effect is discussed, showing how language can alter perceptions of facts, affecting juror decision-making.

39:57 Narrative Structure

Jake explains the power of narrative structure in trials, using familiar story formats to convey moral lessons and simplify complex cases. He provides the example of the 'wolf in sheep's clothing' story to illustrate how narratives can influence juror perceptions and decisions. Narrative structures help jurors remember information and understand its moral implications, guiding them toward favorable outcomes.

49:04 Presentation Style and Other Q&As

Jake advises on adjusting juror profiles during voir dire based on real-time responses, using scoring to guide jury selection decisions. He discusses presentation styles, recommending that lawyers understand their strengths and select team members accordingly. Jake emphasizes the importance of framing the opposition's case, which makes jurors aware of their biases.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: July 31, 2026

This presentation is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Jake McKenzie CEO
Intermark Legal

Jake McKenzie, CEO of Intermark Group and Intermark Legal, uses his expertise in psychology to craft persuasive strategies that influence jurors’ thoughts, emotions, and actions — giving cases an extraordinary edge. With a background in psychology and political science from Vanderbilt University and an MPPM from Birmingham-Southern College, Jake has shaped national and international litigation strategies, contributing to successful settlements, including large-scale outcomes. Read More ›

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