12.9 - C. Developing Empathy With Jurors

• Jurisdiction: New York

C. Developing Empathy With Jurors

The third area of inquiry is intended to develop a bond of trust and empathy between counsel’s cause and the individual juror. Here, counsel should attempt as much as possible to establish some area of identity with the juror. This role, which is the antithesis of the advocate, is to be self-effacing. For example, in a case where race may be an issue, counsel might admit that he is possessed of certain prejudices of which he is not proud but that he recognizes in the hope...