As important as the judge may be, the jurors decide liability, civil remedies, and, at times, criminal sentencing. Awesome power is placed in the hands of these citizen judges, many of whom have never even sat on a jury before, and none who have been formally trained for the role. Trying a jury case demands persuading, engaging, and empowering the jury.
Persuasion starts during the jury selection process.
To merely seek the best jurors during jury selection is to miss a golden opportunity at persuasion. Some jurisdictions, including Virginia, permit attorneys to talk directly with the venire panel during jury selection, through voir dire. Through direct jury voir dire, the trial lawyer can present the theory of the case, can start sensitizing the jury to the case, and can start familiarizing the jury with the client. This way, by the time opening statements begin, the lawyer and jury hopefully already know each other. The opening statement becomes a continuation of the conversation that started during voir dire.