Jury Selection and “Some People”

I used to think the most important things were complicated and/or esoteric.

That turned out to be wrong.

The things that have had the most propulsive effect on my law practice have been simple but powerful.

One of them has been the jury selection equivalent of the "I never" drinking game.

The use of the term "some people" during jury selection makes all the difference between getting people engaged and finding out virtually nothing about them.

How come? Because using the term "some people" assures that I'm not going to judge and that it's okay to come down on either side of an issue. That's increasingly important in our stratified society.

Some people only cross the street at marked crosswalks. Other people are a little bit less constrained and will cross in the middle of the block. Into which group do you fall?

Some people will not drive after having anything to drink. Other people feel comfortable driving after one or two drinks. Are you closer to the first group of the second?

Etc.

Just a couple of words and a simple set up makes all the difference between finding out virtually everything about someone and almost nothing.

Like saying: "I've never slept with someone who weighed twice as much as I did." And then looking around the table and seeing one of your law school buddies raise his glass.

Fragments of wisdom learned in taverns are worth their weight in gold in the courtroom. There's both truth and beauty in simplicity.

Let me know the best "I never" declaration you've used or heard someone else use.