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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Ethics and Specialty Credits

Date & Time
  • event Date

    Thursday, November 20, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$197.00
$167.45
Save $29.55

Discount expires 10/1/25

This course is $0 with these passes:

CLE
ALL

This CLE webinar will examine how to identify, preserve, and win challenges to biased jury strikes. The experts will discuss establishing a prima facie showing under Batson and provide tools and techniques on comparative juror analysis, structuring objections, and preserving for appeal.

Faculty

Emily McDonald
Litigation Consultant
Bloom Strategic Consulting, Inc

Dr. McDonald uses social science to identify the factors that effect and influence juror decision-making in the courtroom. She has critically analyzed data produced in over 100 mock jury studies conducted nationwide and translates the findings revealed in each jury study to offer insight and understanding to counsel about the way trial jurors will likely view the case. Dr. McDonald provides strategic implications and recommendations to refine and effectively communicate case strategy and key case concepts.

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Description

The expert panel will cover jurisdiction-specific reforms reshaping voir dire. Washington's GR 37, California's CCP §231.7 (AB 3070), and Arizona's elimination of peremptory challenges altogether exemplify ongoing post-Batson adjustments within the legal system to eliminate bias in jury selection. The panel will discuss best practices in using and managing questionnaires, record-building, and comparative analysis meant to withstand appellate scrutiny.

Listen as our panel shares scenarios and hypotheticals, models effective objections and voir dire questions, and covers preserving error and rebutting "race-neutral" pretexts.  

Outline

I. Introduction

II. Batson’s framework, where it works, where it lacks

III. Jurisdictional shifts: states move to further define, fill gaps

III. Tools and toolkits: comparative juror analysis, demeanor, and pretext

IV. Building the record: scripts, checklists, objections, and exhibits

V. Hypotheticals/scenarios

VI. Practitioner takeaways

Benefits

The panel will discuss these and other important topics:

  • The three-step Batson framework (prima facie showing, race-neutral explanation, pretext determination) and common difficulties
  • Using comparative juror analysis effectively
  • Understanding jurisdictional reforms (e.g., Washington, California, and Arizona)
  • Drafting voir dire questions and juror questionnaires that surface bias while preserving challenges
  • Making timely, supported objections and responses