Legal White Papers - Industry Reports for Legal Professionals

In jury selection it is critically important to focus on who and what type of witness the legal professional plans on putting in front of the jury. Often times the choice between professional and layperson during a jury selection is essential to winning the case.

When using an expert witness...
Start preparing the jury in jury selection for this fact. Legal professionals don't want to surprise the jury by calling expert witnesses without their knowledge. Often, jurors can be leery of expert witnesses. They may feel that they are being fooled somehow by someone who knows much more on a topic than they do. Jurors expect to hear from people that have a direct involvement in the case before them. If unprepared for expert testimony, jurors can assume that you don't have any 'real' witnesses and are trying to bamboozle them with professional witnesses.

When using a lay witness...
Who you are calling as factual witnesses plays a critical role in how you pick a jury. Sometimes, you may spend a disproportionate amount of time in jury selection dealing with this sole issue. For instance, if you have a child witness playing a large factual role, you need to make sure you have jurors who will both pay attention and listen to a child. Again, use your juror biographical sheets as an investigative tool. Does a juror have her own kids or teach at a school? Is the juror young and likely inexperienced with young kids? Who has grandchildren?

Deposition Preparation- Trial is where the fun is; depositions are where the work gets done. Deposition comes near the end (unless it rekindles discovery) – it should not be “discovery” in the sense of finding out new things - you should know what the case is about well before depositions.

You should have at least the following papers included in the file in two different categories:

1. Judicially obtained:
i. All the records dealing with the incident or course of events, aftermath & damages
ii. Photos
iii. Recordings
iv. Tangible items (e.g. exemplars of equipment)
v. Expert Information (in federal – reports)
vi. Bill of Particulars
vii. Responses to Interrogatories

2. Extra-Judicial:
i. Background on the witness
ii. Interviews of those who know the witness
iii. Interview of the non-party witness
iv. Criminal record (where appropriate)
v. Time line

Concepts Surrounding Fourth, Fifth and Sixth Amendment Motions in DUI Practice:

1. The Fourth Amendment- The principle of the Fourth Amendment is that people must be secure in their homes, documents, belongings and their person. We must be secure against unreasonable search and seizures. The Fourth Amendment applies to stops, searches and arrests of individuals accused of impaired driving.

2. The Fifth Amendment-  The principle of the Fifth Amendment, is that persons accused of crimes cannot be compelled to testify or present any evidence against themselves. Individuals who stand accused of a crime or crimes cannot be forced to make any statements to any persons acting pursuant to governmental authority.

3. The Sixth Amendment- The principle of the Sixth Amendment is to insure that an accused has access and the right to an attorney at all critical stages of proceedings. This protection is not confined to the trial but is applicable as early as an accused being the subject/target of an investigation.