With an etymology rooted in Old French and Latin, the translation of “voir dire” is “to speak the truth.” The voir dire process, which may feel more like targeted questioning than truth-speaking, is often the first opportunity to shape how jurors view both counsel and the case. Jurors begin evaluating credibility, trustworthiness, and leadership from the moment attorneys say their first word.
As Robert Tyson explains in Chapter 11 of Nuclear Verdicts: Defending Justice for All, effective voir dire helps attorneys build rapport and earn jurors’ trust long before opening statements. A silent voir dire can leave jurors disengaged and may undermine counsel’s credibility. Productive conversations, by contrast, reveal useful information and help establish a positive connection with the panel. As Tyson writes, “My main goal is to have the jury like me more than Plaintiff’s counsel.… Why? Because if the jury likes you, they are not going to hurt you. It’s that simple.”