Jury Forepersons: How to Win and Why the ENTJ May be Your BFF

Just How Important is the Foreperson?

The strength of the foreperson cannot be understated. See Dennis J. Devine, Jury Decision Making: The State of the Science 155 (2012).   Litigating attorneys will be the first to tell you that a litigant’s entire fate rests with the foreperson.  Against the theory of equality in juror representation and contribution, the foreperson inevitably speaks the most, steers the conversation, and can often persuade with tactics and force unmatched by the other jurors.  It is no surprise that the foreperson has more impact on the trial outcome than the average juror.

What is the Foreperson Generally Like?

As would be expected with stereotypes, the foreperson is often white; 4/5 times he is male.  The typical foreperson has a high socio-economic status, has prior jury experience, is educated, middle aged, extroverted, and familiar with a leadership position. This foreperson will speak articulately, for long periods of time, and with confidence.  Fittingly, (according to Devine) the foreperson is “the person with the strongest personality.” The average jury foreperson is someone who is identified as a thinker, who looks for evidence and a logical explanation, seeks a resolution, and must establish structure.

So What Does This Mean for Lawyers?
Simple. The typical foreperson is extroverted, familiar with leadership, can speak publicly, is confident, a thinker, logical, needs a resolution, and needs structure. The lawyer needs to be able to spot personality profiles instantaneously to find her likely foreperson. How? Be familiar with and able to spot MBTIs.

What is MBTI?

For those who are unfamiliar with the Myers-Briggs Type Indicator, it is a series of dichotomies that assesses people's personalities based on responses and preferences that indicate their attitude, means of perception, analysis, and determination.  There are eight attributes: Extroverted (E) or Introverted (I); Sensing (S) or Intuitive (N); Thinking (T) or Feeling (F); and Judging (J) or Perceiving (P).  Each personality is made up of one of each dichotomy, leading to a four part view of the person's tendencies. For instance, if someone classifies as an ENTJ, that means that person is Extroverted, Intuitive, Thinking, and Judging. Each personality results in a unique and accurate perspective on how a person makes decisions, how a person reacts, and their leadership or relationship style (among other things). 

What Does This Mean for MBTI and Representation?

Not coincidentally, the typical jury foreperson has a distinct type of personality matched with leadership: extroverted, dominant, in search of a resolution (not a mere solution).

According to the Myers-Briggs Type Indicator, less than 29% of the population has a personality that matches the criteria.

Out of the 16 MBTI personalities, half are extroverted. Out of that half, only six are known as highly dominant and make up less than 29% of the general population (ESTJ with 8.7% of the population, ESTP with 4.3% of the population, ENTJ with 1.8%, ENFJ with 2.5%, ENTP with 3.2%, and ENFP with 8.1%). The competing, dominant types are only 4: ENTJ, ESTJ, ENTP, ESTP. Meaning, the most domineering and determinative foreperson typically represents part of a mere 19% of the population. Which, theoretically, means that only two out of the twelve person jury will likely command discussion and steer deliberations.

Who Will Shy Away from the Foreperson?

Those who will let the dominant foreperson assume power will either allow him to take charge (without complaint) to avoid the burden of speaking and extroversion, or to avoid conflict in general.

The collaborators, compromisers, and avoiders will often shrink away from the foreperson: ISTJ, ISFJ, INFJ, ISTP, INFP, INTP, ESFP, ESFJ, ENFJ, ISFP, INTJ. In other words, the remaining 70% of the jury members (and general population) will either avoid the duty of foreperson all together or not brazenly challenge the sitting foreperson for their seat.

 Mission of the Jury Members:

• To go against their personality and automatic tendencies; if dominant, to listen fully to others and try to minimize dominance; if submissive, to have the courage to speak even when uncomfortable
•  Choose the foreperson that seems best for the job, not just based on dominance or first to speak (“90 percent of forepersons were within twenty statements at the start of deliberation”).  “They are often first to speak or the first to mention the need to choose a forepersons,” which shows that they quickly assume leadership roles and seek immediate structure and order. (Devine, 155)

Mission of the Attorney:

•  The ENTJ, ESTJ, ENTP, ESTP are your friends. If they are not your allies, they are your enemies. Whatever you do, make sure you speak to those individuals and do not offend, condescend, or tick off these personalities.
• How to spot MBTI types
• Description of ALL MBTI types
• As jurors are unlikely to forgo their biases and alter their personalities for jury service alone, find the domineering personality type and make sure you advocate for your client to those specific jury members.
•  If that juror is on the panel:
• Make a connection (do not upset or offend the juror)
• Read their body language
• Present your case clearly, logically, and with emphasis on resolution
• Perhaps in preparation, structure your argument (including language) to appeal to the logical, dominant, evidence driven personality type.
•  Create a logical, well driven story (see Devine, 185)
• Be wary of the potential foreperson (specifically) and his/her biases in voir dire.