Criminal Defense Lawyers

Crafting the Right Jury Questionnaire in a Counterfeiting Trial

Crafting the Right Jury Questionnaire in a Counterfeiting Trial

Selecting the right jury is crucial in any trial, but especially in a counterfeiting case where technical details about trademarks, patents, and intellectual property are involved. A well-crafted jury questionnaire can help lawyers identify biased or unsuitable jurors and select a jury that will be receptive to their arguments.

Here’s a guide on creating an effective jury questionnaire for a counterfeiting trial:

Go Beyond Demographics

While basic demographic info like age, gender, occupation etc. is useful, you need to dig deeper to reveal biases. Ask about hobbies, social media use, shopping habits, and opinions on counterfeit goods. For example:

• Do you use social media sites like Facebook, Instagram, Twitter? If yes, how often?
• Do you enjoy shopping for designer brands like Gucci, Louis Vuitton, Rolex? Why or why not?
• Have you ever knowingly purchased counterfeit products? If yes, what kind and why?
• What do you think about people who buy counterfeit luxury goods? Do you judge them negatively or not really care?

Their social media use indicates their exposure to counterfeit goods marketing. Luxury shopping habits reveal their value for authentic brands. Past counterfeit purchases show their attitudes. You’re looking for potential biases for or against counterfeits.

Ask About Legal Experience

It’s important to know if jurors have been involved in lawsuits before. For example:

• Have you ever been a plaintiff, defendant, or witness in a civil or criminal case? If yes, please explain.
• Have you served on a jury before? If yes, what type of case was it? What was the outcome?
• Do you have any legal training or experience with the U.S. court system? If yes, please explain.

Jurors with relevant legal experience may understand complex IP laws better. But they may also have biases from past cases influencing their views.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Include Trademark and Patent Questions

Since trademarks and patents are integral to counterfeiting, ask jurors about their knowledge and opinions. For example:

• Are you familiar with what a trademark or patent is? If yes, please explain your understanding.
• Do you own any trademarks or patents? If yes, please describe.
• Do you believe trademark owners should be able to control how others use their marks? Why or why not?
• Do you think patents help innovation or hinder progress? Explain your viewpoint.

You want to assess their familiarity with IP laws and any pre-existing biases that could influence their application of those laws.

Ask About Brand Loyalty

If your client is a well-known brand pursuing counterfeiters, you want brand loyalists on the jury. Include questions like:

• Do you consider yourself loyal to any particular brands? If yes, which ones and why?
• Would you ever buy counterfeit versions of your favorite brands? Why or why not?
• Do you believe it’s ethical for individuals to profit from counterfeiting popular brands? Why or why not?

You’re looking for jurors who feel protective of brands they love and view counterfeits negatively. The defense wants the opposite.

Ask About Counterfeiting Penalties

To assess jurors’ views on punishment, ask:

• Do you believe counterfeiting should be a crime? Why or why not?
• What penalties do you feel are appropriate for selling counterfeit goods? Fines, imprisonment, both?
• Do you believe individuals who buy counterfeits should also face penalties? Why or why not?

Plaintiffs want jurors who believe in harsh penalties. But the defense wants those who question if counterfeiting should even be illegal.

Use Open-Ended Questions

Avoid yes/no questions. Use open-ended ones to encourage jurors to elaborate. For example:

• What are your general thoughts about counterfeit goods being sold today?
• In your opinion, what are some reasons why people choose to buy counterfeit products?
• Please share any positive or negative experiences you’ve had with counterfeit products.

Open-ended questions give jurors a chance to reveal their true thoughts and experiences.

Test Different Question Phrasings

Small wording differences can impact responses. Test multiple versions of key questions during jury selection. For example:

• Version 1: Do you believe counterfeiting harms innovation?
• Version 2: Do you think counterfeiting stifles creativity?

The same query framed differently may elicit varying perspectives from jurors.

Use Plain, Simple Language

Avoid legal jargon and complex wording. Use simple terms jurors can easily understand. Define any technical terms. Your goal is maximizing comprehension.

Keep it Concise

Don’t overwhelm jurors with an overly long questionnaire. Stick to the most critical questions. You can dig deeper during individual voir dire. Jurors will resent slogging through too many questions.

Apply Lessons from Past Cases

Review questionnaires from similar cases and note which questions yielded the most useful juror insights. Reuse and refine those queries.

Collaborate with Co-Counsel

Develop the questionnaire together with co-counsel to incorporate multiple perspectives. Vet questions to ensure they aren’t leading or biased.

Make Sure Questions Are Legally Permissible

Some topics like race, religion, immigration status etc. may be inadmissible or unethical. Have an experienced attorney review the questionnaire to avoid issues.

Test the Questionnaire Beforehand

Have objective colleagues or mock jurors take the questionnaire and give feedback. Refine questions that are unclear or uninformative.

Plan How You’ll Use Responses

Consider in advance how you will apply jurors’ answers during selection. Set criteria for an ideal juror profile based on responses.

Crafting the perfect jury questionnaire takes time and strategic planning. Following these tips can help lawyers in a counterfeiting case identify the best jurors and gain an advantage right from the start.

Sources:

[1] Using Jury Questionnaires: (Ab)using Jurors

[2] Crafting Jury Instructions To Win Trials And Appeals

[3] Jury Instructions: A Road Map for Trial Counsel

[4] Handbook for Trial Jurors

[5] Superior Court Model Jury Instructions Drafting Guidelines