THE OKLAHOMA BAR JOURNAL 10 | NOVEMBER 2025 juror to the process. Explain to them about opening statements, case in chief, jury instructions and closing arguments. Tell them about bathroom breaks. It is important that you teach the jury about concepts of the law by asking questions to understand what they think they know. Remember, jurors have a lifetime full of experiences and have learned, correctly or incorrectly, concepts of law and the jury trial process. Previous research has highlighted that bias may be introduced by many factors, such as 1) pretrial beliefs and attitudes, 2) cognitive biases and 3) biased interpretations of evidence by expert witnesses.6 Ask them what they know about some legal precepts that will come up in the trial. Those questions are best openended. Make sure they are right. If they are, congratulate them, and spread the information throughout the panel. If they are wrong, gently correct them, and see if others feel that way. No one enjoys being dictated to or preached at. Your role as an educator should come as a friend bearing knowledge from study and experience, not as a disciplinarian calling out the student for a poor response. The jury has to trust that the information you are giving them is for their benefit and not to show how smart you are. Failure to educate the jury in a positive way risks having misconceptions about the law make it back to the deliberation room. Cases are not won in jury selection, but they certainly can be lost. A misinformed jury can possess all the right facts and arguments from counsel but come to an incorrect and devastating result for your client. All of which could be averted by bringing it up in jury selection. THE CONFIDANT “First of all, if you learn a simple trick, Scout, you’ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view ... until you climb into his skin and walk around in it.” – Atticus Finch, To Kill a Mockingbird A jury panel that does not trust you will never offer up personal histories that may reveal bias, impartiality or unfairness. “People who trust each other ... are also more willing to share intimate information.”7 Offer information about yourself. Reveal to the jury some of your personal stories or beliefs. Provide the jury with privacy, and if someone does not feel comfortable, ask for a sidebar with the judge and opposing counsel, where the potential juror won’t have to air their embarrassing or upsetting story in front of the whole panel. While some jurors are expressive and outgoing, many will not volunteer information about their personal lives. If you ask a closed-ended question, they will take it. Avoid these at all costs. Get the jury talking. The only way to figure out if they possess any biases is for the juror to talk, not you. Open the line of communication, but get them to tell you their secrets, their stories, their opinions. Ask about the news they watch. Ask about funny stories about their kids, including discipline, credibility and perception. This information only comes from a juror who feels comfortable with you. Make that juror you are talking to the most important person in the room. Give them your eye contact, attention, sympathy and understanding. Laugh when Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. While some jurors are expressive and outgoing, many will not volunteer information about their personal lives. If you ask a closed-ended question, they will take it. Avoid these at all costs.
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