1. Look for your enemies, not your friends.Voir dire is not about finding those who like you, but those who hate you. Hate and anger are more powerful emotions than love and like.
2. Follow the trail. If a key question strikes a chord in one potential juror, ask others in the pool: "Who agrees?" Raise your hand as you do so, as it prompts others to respond.
3. Start at the end, not the beginning. In questioning a juror who you may want to strike, ask "If you are selected and serve on the jury, do you think your feelings on XYZ will pop up in deliberations?" as opposed to asking, "Do you think you may favor the plaintiff, even by a little, before hearing any evidence?"
Bonus question for plaintiffs lawyers to ask prospective jurors: “Do you feel employers nowadays discriminate in subtle, nonobvious ways, as opposed to do doing so in the open?" or "Does anyone expect the employer in this case to confess that it discriminated?"
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