South Carolina Trial Law Blog

If you’re in a jurisdiction that allows voir dire (South Carolina doesn’t), here are some ways to combat the defense talking about frivoulous lawsuits:

• Acknowledge Frivolous Lawsuits – Get them talking about them. “Who here doesn’t like frivolous lawsuits? Please raise your hand.” And then raise your hand. My client and I don’t like frivolous lawsuits, it’s taken us two years to get to trial. What makes a lawsuit frivolous? Do you think that all lawsuits are frivolous? If someone was seriously hurt do you think that would be frivolous? What would you want them to show to make it a real case? The key is to
• Ask About Frivoulous Defenses – Here’s the key. “Do you think that only the people hurt bring frivolous lawsuits? Do you think big companies/insurance companies… sometimes file frivolous defenses? Do you think that sometimes they fight legitimate claims just so they don’t have to pay them?”

By asking about frivolous defenses, you do several things. You get the jury members thinking about defendant misconduct, plus you get on a more ‘equal footing’ with the defendant. Instead of just thinking about the McDonald’s coffee case, they’re also thinking of corporate misconduct and you have a much more fair environment.

That is excellent- I never thought of that!

How do Y-all pick a jury? Does the J. just ask std questions? then you strike? Any for cause strikes? Do you get to suggest questions to J.? Please, do tell. Just wondering.