THE TRIAL OF A FAMILY LAW JURY CASE
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1 THE TRIAL OF A FAMILY LAW JURY CASE JOHN F. NICHOLS, SR. Nichols Law, P.L.L.C McKinney, Suite 2900 Houston Texas (713) Telephone (713) Facsimile Website: nicholslaw.com john@nicholslaw.com PANEL MEMBERS KERRVILLE RICHARD HAYNES, Houston Richard Haynes & Associates, P.C. RONALD D. KRIST, Houston The Krist Law Firm, P.C. JOHN F. NICHOLS, SR., Houston Nichols Law, P.L.L.C. HOUSTON DR. ROBERT I. GORDON, Dallas The Wilmington Institute Network RICHARD HAYNES, Houston Richard Haynes & Associates, P.C. RONALD D. KRIST, Houston The Krist Law Firm, P.C. DALLAS JEFFREY OWEN ANDERSON, Dallas The Andersons RICK ROBERTSON, Plano Koons, Fuller, Vanden Eykel and Robertson DOUGLAS R. WOODBURN, Amarillo Woodburn, Watkins, Jackson & Woodburn, L.L.P. State Bar of Texas THE TRIAL OF A FAMILY LAW JURY CASE December 13-14, 2007 Kerrville January 10-11, 2008 Houston January 24-25, 2008 Dallas CHAPTER 1
2 The Trial of a Family Law Jury Case Chapter 1 TABLE OF CONTENTS INTRODUCTION... 1 THE ART OF PERSUASION THINGS THAT BUG JURIES... 1 A. Juror Impressions Immediately After Trial... 1 B. The Top 10 Pieces of Advice Jurors Would Give Attorneys... 2 C. The Top 10 Things Juries Most Enjoy... 2 D. The Top 10 Things Juries Least Enjoy GOLDEN RULES OF THE COURTROOM... 3 The Players 3. THE TRIAL LAWYER... 5 A. The Closers... 5 B. Types of Trial Lawyers... 5 C. The Styles and Mannerisms of Trial Lawyers... 6 D. The Different Make-ups of Trial Lawyers... 8 E. The Characteristics of Trial Lawyers... 9 F. Dos and Don ts for Trial Lawyers G. The Trial Lawyer s Attitude THE JURORS A. The Ethnic Posture of Jurors B. The Professions, Businesses and Trades of Jurors THE JUDGE A. The Jurist Judge B. The Principled Judge C. The Intellectual Judge D. The Independent Judge E. The Lost Judge F. The Interrupter Judge Selling & Persuading 6. "SELLING" YOUR CASE TO THE JURY A. You as the Salesperson B. Basic Theory of Sales for Trial Lawyers C. Presenting the Product [Show-and-Tell Time] PRINCIPLES OF JURY PERSUASION A. Making the Research Work for You B. Selecting Jurors: What to Do About Bias C. What Jurors Really Want D. Developing a Winning Case Strategy E. Closing Arguments: Persuasive Endings READING THE BODY LANGUAGE OF JURORS AND WITNESSES A. Introduction B. Use of Body Language in Jury Selection C. Witness Qualities of the Self-defeating Witness i
3 The Trial of a Family Law Jury Case Chapter 1 D. Traits vs. Litigation E. Witness Preparation - Your Job F. Use of Psychotherapist G. Information Needed in Witness Preparation H. The Experience of the Witness I. "Lie Signals." J. Conclusion ii
4 THE ART OF PERSUASION CHAPTER 1 OUTLINE
5 TABLE OF CONENTS 1. THINGS THAT BUG JURIES... 1 A. Juror Impressions Immediately After Trial B. The Top 10 Pieces of Advice Jurors Would Give Attorneys...2 C. The Top 10 Things Juries Most Enjoy D. The Top 10 Things Juries Least Enjoy GOLDEN RULES OF THE COURTROOM THE TRIAL LAWYER... 5 A. The Closers... 5 B. Types of Trial Lawyers... 5 C. The Styles and Mannerisms of Trial Lawyers... 6 D. The Different Make-ups of Trial Lawyers... 8 E. The Characteristics of Trial Lawyers... 9 F. Dos and Don ts for Trial Lawyers G. The Trial Lawyer s Attitude THE JURORS A. The Ethnic Posture of Jurors B. The Professions, Businesses and Trades of Jurors THE JUDGE A. The Jurist Judge B. The Principled Judge C. The Intellectual Judge D. The Independent Judge E. The Lost Judge F. The Interrupter Judge "SELLING" YOUR CASE TO THE JURY A. You as the Salesperson B. Basic Theory of Sales for Trial Lawyers C. Presenting the Product [Show-and-Tell Time] PRINCIPLES OF JURY PERSUASION A. Making the Research Work for You B. Selecting Jurors: What to Do About Bias...21 C. What Jurors Really Want D. Developing a Winning Case Strategy E. Closing Arguments: Persuasive Endings READING THE BODY LANGUAGE OF JURORS AND WITNESSES...29 DEFINED.9 A. Introduction B. Use of Body Language in Jury Selection C. Witness Qualities of the Self-defeating Witness D. Traits vs. Litigation E. Witness Preparation - Your Job F. Use of Psychotherapist G. Information Needed in Witness Preparation H. The Experience of the Witness I. "Lie Signals" J. Conclusion... 47
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