As a plaintiff trial attorney, your goal is to secure justice for your clients. However, common pitfalls can derail even the strongest cases. Avoiding these mistakes can significantly enhance your chances of winning. Here are the top five ways plaintiff trial attorneys lose cases and how you can steer clear of them.

1. Viewing the Jury as Your Enemy

Mistake: Treating the jury as an adversary rather than an ally.

Solution: Understand that the jury is there to help you solve your problems. Building a rapport with jurors and viewing them as partners in the pursuit of justice can transform your approach. Engage with them genuinely during voir dire and throughout the trial. Show respect and empathy, and you'll find that jurors are more inclined to support your case.

2. Using Gimmicks

Mistake: Relying on manipulative tactics and gimmicks to persuade the jury.

Solution: Jurors can see through manipulation, and it often leaves them feeling disrespected. Instead, focus on motivating the jury by presenting your case with authenticity and integrity. Use compelling storytelling, clear evidence, and sincere emotion to connect with jurors on a human level. Your job is to inspire them to care about your client’s plight and the justice they deserve.

3. Spending Time Trying to Figure Out Who to “Kick Off”

Mistake: Concentrating too much on excluding jurors during voir dire.

Solution: Voir dire is a critical opportunity to build a team, not eliminate potential allies. Instead of focusing on who to remove, invest time in understanding the values, biases, and experiences of potential jurors. Use this information to create a cohesive group that feels personally invested in your case. Remember, your goal is to form a jury that will work together towards a just verdict.

4. Creating an Opening Statement Without Juror Input

Mistake: Writing your opening statement in isolation from the insights gained during voir dire.

Solution: Voir dire and opening statements are two sides of a dialogue with the jury. Use the information gathered during voir dire to tailor your opening statement. Address juror concerns, acknowledge their values, and frame your narrative in a way that resonates with them. By incorporating juror input, you make your opening statement more relevant and persuasive.

5. Using Closing to “Review” the Evidence

Mistake: Treating the closing argument as a mere summary of the evidence presented.

Solution: Closing arguments should empower jurors to advocate for your client during deliberations. Instead of simply reviewing the evidence, use your closing to reinforce the story and principles that have guided your case. Clearly articulate the actions you want the jurors to take and why they matter. Give them the tools and motivation they need to fight for a favorable verdict.

Conclusion

Avoiding these common mistakes can significantly improve your trial outcomes. By viewing the jury as your ally, avoiding gimmicks, focusing on team-building during voir dire, incorporating juror input into your opening statement, and using your closing argument to empower jurors, you'll be better positioned to win your cases. Embrace these strategies and watch your courtroom success soar.

For more insights and advanced trial strategies, consider joining the H2H Playground™, where you can learn proven methods, get personalized coaching, and become part of a community of brilliant trial attorneys.