Sooner or later, corporate counsel go to trial. The court denies summary judgment, and the other side’s settlement offer is not tethered to reality, or perhaps the company execs (the clients of corporate counsel) want to take a principled stand. Here is a cheat sheet on what to do — and what not do to — to prepare for when that day comes, first in voir dire, and next in opening statements.
Let’s start with voir dire and three things not to do. First, counsel should not talk about themselves. The jury pool does not care if the lawyers have spouses, kids or pets with cute names. Develop rapport by being professional — not by wasting time.Instead, counsel should be likeable and authentic. As Oscar Wilde said, be yourself, everyone else is taken. I sat through voir dire in a wrongful-death case in East Texas. The lawyer from New York tried to ingratiate himself with the jury pool by talking about the difference in rush hour between Marshall and New York City. I know he meant well, but it was ineffective.
