Vocal tone matters, not just when you’re delivering your
opening/closing or in questioning witnesses, but also in voir dire. Voir dire
is when you create your first impression with what will be your jury panel. How
you speak to prospective jurors is every bit as important as what you say.
"Well, the lawyer asked OK questions and all, but boy was he/she
cold!" "I'm not a kid, you know, I didn't appreciate getting a
morality lesson from the lawyer." These are the type of comments heard in
jury debriefings when an attorney negated the good questions asked in voir dire
by using an authoritarian or parental vocal tone. Jurors like to be guided, not
told what to do.
Ask
jurors whether they can be, for example, "fair to both sides," don't demand it of them. Think of jurors as
fellow-travelers, about to embark on an expedition with you, not as the enemy.
As best you can, use a conversational pace as you go through the intricate
dance of question-response with prospective jurors. Keep your voice modulated
for warmth and directness. Be sincere. Ask questions as if you really want to
know the answer, not as if you're dictating to the prospective juror what he or
she must think.
