Cover image for The hidden jury : and other secret tactics lawyers use to win
Title:
The hidden jury : and other secret tactics lawyers use to win
Author:
Lisnek, Paul Michael, 1958-
Personal Author:
Publication Information:
Naperville, Ill. : Sourcebooks, [2003]

©2003
Physical Description:
313 pages ; 23 cm
Language:
English
Contents:
Fair and impartial? not a chance -- My world and welcome to it -- It it doesn't fit, you best quit -- A match made in heaven, or at least in science -- If men are from Mars and women are from Venus, then lawyers are from Uranus -- First thing we do let's kill all the lawyers -- The truth, the whole truth, and nothing but the truth sort of -- It ain't over til the last juror sings -- Fair but partial : as good as it gets.
ISBN:
9781570719486
Format :
Book

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Summary

Summary

"The Hidden Jury couldn't be more timely or more urgently needed."--from the introduction by Johnnie Cochran

Why do guilty defendants go free?
Why do juries award huge sums for ridiculous lawsuits?
Who really controls the verdict of a trial?

The most powerful people in today's jury trials aren't lawyers, judges, plaintiffs or defendants. Their names don't even appear on the court record. Yet their presenceand opinions shape the way that court cases are fought, and can even change the outcome of a trial. They are the hidden jury, the most influential new force in the American legal system.

For the first time, The Hidden Jury exposes the truth about mock juries and other tactics that lawyers and trial consultants use to mold a trial to their benefit. Drawing on experience gained from such high-profile cases as the O.J. Simpson trial, Whitewater and the Heidi Fleiss trial, leading trial consultant and jury expert Paul M. Lisnek reveals goes behind the scenes of the American justice system to reveal:
--How lawyers get the juries they need to win
--The mock trials that really decide the fate of the verdict
--The trial services wealthy clients can afford to buy


Author Notes

Paul M. Lisnek is the cofounder of Decision Analysis


Reviews 1

Publisher's Weekly Review

Straightforward, well-researched and highly readable, Lisnek's account of the methods lawyers use to select jury members and advocate for their clients should become a standard in the field. A lawyer and consultant on the O.J. Simpson case, Lisnek made his reputation as one of the pioneers in the relatively new field of trial consulting (also called jury consulting or jury psychology). Chapter by chapter, Lisnek details the "combination of science and intuition" he uses to produce the most successful "story" of a case. (Many of these methods are similar to the techniques used by experts in marketing and sociology.) His excellent explanations of how community studies, focus groups and mock trials are used behind the scenes to ensure courtroom victories will surprise many readers. Lawyers, he explains, recognize and use the fact that "impartial" jurors always process information "based on their preexisting attitudes and values, which are shaped by their life experiences." And since lawyers cannot literally re-create events in a courtroom, their role, he argues, is to "create a new reality, one that is consistent, appealing, and, ultimately, compelling in the jury's eyes." However, this is not a textbook on how to beat the judicial system. Lisnek doesn't want to con juries; he wants to clarify for readers how the law really works today, and this honesty, as well as the author's commitment to seeing justice served, anchors the book's success. With a number of high-profile cases about to dominate news headlines, such as that of the Maryland snipers, expect Lisnek and his book to be noted frequently by courtroom reporters and analysts. (Sept.) Copyright 2003 Reed Business Information.


Excerpts

Excerpts

From the Introduction
Should We Really Kill All the Lawyers?

Lawyers have a bad reputation. As a lawyer and a jury consultant, I live with jokes, insults, and questions. I have lost track of how many times I heard someone try to wow me with: "What do you call a hundred lawyers at the bottom of the ocean? A good start!" Or, someone might wander over to me at party and blurt, "How do you live with the fact that you represent guilty people?" Some people want to relive the O.J. trial and always start with, "But O.J. did it! Why is he free?" Even the relatively sophisticated crowd might ask, "Isn't the voodoo you do to help other lawyers pick juries unethical?"

The reality is that most people do not understand how the system works. Famous lawyers write books about the cases they have tried so they can talk about how great they are (and I am not saying they are wrong). However, you probably read those books with some hope of gaining insight about what happens behind the scenes; you might want to learn a little about how the system really works, but instead you get memoirs.

It is time to pull the curtain back on the process in order to help you understand what lawyers and trial consultants are really trying to accomplish behind the scenes and in the public courtroom. It also is time to get the age-old nagging questions about guilt and innocence, civil liability, and damages addressed and answered. That lawyers represent "guilty" people has always triggered distaste in the American experience. These questions have been around for a long time, and we see them tweaked every week on The Practice or Court TV.

The reality is that most people do not have their first encounter with a real lawyer (and "lawyerly" behavior) until they find themselves embroiled in an unfortunate divorce, an unexpected auto accident, or perhaps something as simple as the need to draft a will. It is no secret that lawyers are not highly rated on the scale of public trust, but oddly enough, surveys about lawyers and trust often note an important exception: people think their own lawyers are terrific. So, if you have not had a need for lawyers, then you probably do not think too highly of them. If you have worked with a lawyer, you probably like your own, but you think others are unethical. I want to dispel that myth.

It is true that lawyers can be intimidating; they speak a language all their own. In addition, it is difficult to overcome the perception that lawyers make money from other people's troubles. However, many lawyers and jury consultants make their living in whole or in part by serving the public interest and working to represent those without financial resources. In reality, most lawyers recognize the law as a public calling and act accordingly.

In recent decades, a group of professionals called trial consultants, jury consultants, and jury psychologists-all mean about the same thing-have added their expertise to the courtroom drama. While I am a lawyer, I am also a trial consultant. It is my job to help my trial-lawyer clients do the best possible job of representing, which means advocating for, their clients. We are a relatively new profession, but trying to choose jurors that reach a verdict that pleases one side or the other is as old as the jury system itself. The difference is that now we have scientific tools available to help guide our work with trial lawyers. This book is my attempt to explain where trial consultants fit into the big picture of criminal and civil trials, thereby providing a better overall understanding of the legal process itself...

Excerpted from The Hidden Jury: And Other Secret Tactics Lawyers Use to Win by Paul Michael Lisnek All rights reserved by the original copyright owners. Excerpts are provided for display purposes only and may not be reproduced, reprinted or distributed without the written permission of the publisher.

Table of Contents

Forewordp. ix
Introduction: Should We Really Kill All the Lawyers?p. xiii
Chapter 1 Fair and Impartial? Not a Chancep. 1
Chapter 2 My World and Welcome to Itp. 27
Chapter 3 If It Doesn't Fit, You'd Best Quitp. 63
Chapter 4 A Match Made in Heaven...Or at Least in Sciencep. 105
Chapter 5 If Men Are from Mars and Women Are from Venus, Then Lawyers Are from Uranusp. 131
Chapter 6 "First Thing We Do, Let's Kill All the Lawyers..."p. 173
Chapter 7 Nothing But the Truth...Sort Ofp. 207
Chapter 8 It Ain't Over 'til the Last Juror Singsp. 245
Chapter 9 Fair, But Partial: As Good as It Getsp. 277
Appendix Code of Professional Standardsp. 295
Acknowledgmentsp. 299
Indexp. 303
About the Authorp. 315