Seeds of Voir DireIn the movie “Cheney” they point out that it was impossible to get rid of dreaded estate taxes until a focus group discovered calling them “death taxes” shifted the perspective and helped position the effort in the public eye to get rid of them. So, knowing what your case means to others, besides yourself or those in your circle of bias, perhaps start from the beginning of your case with focus studies. Start simple. It does not necessarily mean an expensive focus group. Be curious, what do people think. Study how to phrase your case as neutral as is possible. Try to phrase it such that people who listen have no idea which side of the case you are on. That way you have the best chance that they will not just give you the opinion you want to hear or argue with you. Write it out, test it, practice it, create variations, and do it on the major issues. This seed will grow into lush voir dire. You also can use simple zoom video focus groups or individuals. See what they say, what they do not understand from what you say. It will guide you through your case, it may open your eyes to the best way to present your case, it may help you see reasons to settle. It is part of being honest with yourself about the case. It may control our naturally driven ego or tendency to favorably see the facts. Whatever response someone gives you, do not argue with them. Be curious. Be neutral. We can help you if you need it. Just having someone to bounce your case off is helpful. We consult and help you develop your case.
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