We started picking a jury today. We did the pre-trial motions and took care of all the housekeeping before 60 bewildered, disgruntled people showed up in the court room. We went through the usual basic questions and broke for the day.
Then I go to work. I am re-researching the motions that I lost, researching the theory I want to use and how I can bring it across in voir dire without breaking any rules of court or evidence. I spent an hour on the phone with the expert and, believe it or not, I went looking for voir dire questions.
I have been doing this for 25 years. I have over 250 jury trials under my belt and I still go looking for the magic questions. The ones that will get that jury, as a group, to open up and tell me what they are thinking rather than what they think they are suppose to say they are thinking.
Sometimes it works, sometimes it doesn't. But you keep trying and looking for someone with the better mousetrap.
And now I am tired. But my mind is working in overdrive and sleep is a long way away.
After this is all over, I will remember why I do this.......