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Keep in Mind that Judges Are Only Human
So often I see attorneys lose sight of the fact judges are only human. This means one has to be mindful of what you can reasonably expect of a judge. Help a judge by: 1. Making your arguments or briefs short and succinct. Get to the point. Judge’s have limited time. Don’t cite ten cases →
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An Unforeseen Value to Loss of Consortium Claims in Selecting a Jury.
As a Plaintiff’s attorney you want to identify jurors who will refuse to follow the Court’s instructions directing the grant of money damages for pain and suffering. I inadvertently found something that is even more polarizing and controversial than claims for such intangible losses… Loss of consortium! I was picking jury in a rural county →
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Polling a Jury: How to Keep Yourself Out of La La Land…
So the clerk finishes reading the jury’s verdict and your client has just lost. What do you do? Why read the jury rules: RULE 30. JUDGE TO READ THE VERDICT When the jury has agreed upon its verdict, the foreperson shall sign the appropriate verdict form. When returned into court, the judge shall read the →
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Leaders, Loners and the Art of Jury Selection.
Often times you cannot eliminate troublesome jurors. This can be a real problem since developing challenges for cause against an unfavorable juror can be difficult and at times impossible. In such cases, you want to use your peremptory challenges against such persons if they will affect the outcome of your case. In federal capital cases, both →
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FAST AND DIRTY JURY SELECTION
The time allowed for jury selection now is typically very brief compared to the time allotted to attorneys years ago when I first started practicing. I used an approach similar to the one suggested here in picking criminal juries where I had much more time to explore the qualifications of jurors and their potential biases. →
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Confirmation Bias: Foe of Justice and Truth
“Confirmation Bias” has nothing to do with the Holy Spirit. It is a mindset we all are susceptible to in the way we see the world. ‘Confirmation Bias’ is a psychological phenomenon that explains why people tend to seek out information that confirms their existing opinions and overlook or ignore information that refutes their →
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Plotting Your Strategy: Does Your Trial Have a Theme?
A theme acts as the unifying thread of your case. It is a thing that motivates the jurors to take action. Your theme needs to be integrated into your jury void dire, opening statement, direct and cross-examination, closing argument and jury instructions. There are number of potential themes. Watch movies and see how things are →
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I’ve Been Called for Jury Service… What Do I Do Now?
THOMAS JEFFERSON (1789): “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” My last blog post made me realize that potential jurors need guidance. What is their role? What should they do if called to serve? Jury →
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Challenges to the Composition of the Jury Pool
A fox should not be on the jury at a goose’s trial. – – Thomas Fuller A right to trial by jury is guaranteed under both state and federal law. In a civil matter, a trial by jury is provided for under Article 1, Section 20 of, and the 7th Amendment of the U.S. Constitution. →
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Use of Peremptory Challenges and Preservation of Challenges for Cause
The great thing about our system of democracy is when they call you for jury duty, you have to come… It’s an honor and a privilege. I was called and I’ve got to be here. – – Antonio Villaraigosa Pursuant to Indiana’s long-standing rule, a claim of error arising from the denial of a challenge →
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Use of Peremptory Challenges and the Improper Exclusion of Juors
Ending racial discrimination in jury selection can be accomplished only by eliminating peremptory challenges entirely. – – Thurgood Marshall Number of Peremptory Challenges: There’s no such thing as a free lunch and likewise, even the free strike of jurors provided by the use peremptory challenges is not its own costs and problems. However, there will be people →
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The Problem of Juror Bias
“A jury verdict is the quotient of the prejudices of twelve people.” Kenneth Grubb, Attorney Anything I missed? Juror Bias is a difficult problem that must be ferreted out by the trial attorney in almost every trial. Quite honestly, this can not be effectively done without the cooperation of the jury. I will often close my →
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Zen and the Art of Trial Advocacy
“The moon does not fight. It attacks no one. It does not worry. It does not try to crush others. It keeps to its course, but by its very nature, it gently influences. What other body could pull an entire ocean from shore to shore? The moon is faithful to its nature and its power →
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A Hung Jury: When a Stalemate Becomes Your Best Option.
Hung juries are generally considered to be a rare outcome to a trial. However, even though it is not a true resolution, it can be considered your best outcome. Hung juries are even rarer when you are dealing with civil cases, where the only thing that you obtain is money. If you are likely to →
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Big City Chicago Style
Sitting in Water Tower Place I could not help but think about all the great and talented attorneys this City has produced. The legendary Clarence Darrow called this place home. He never shied away from taking on difficult cases, unpopular causes or clients. Darrow successfully defended Dr. Ossian Sweet, a black physician, who was charged →
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Trial Post-Mortem
If you try cases long enough, you are going to eventually lose a few. You need to look at losses as an opportunity to improve. Quite honestly you should learn more from your loses, than your victories. If your are allowed, you should speak with the jurors and see what they thought was important. →
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Jury selection in ten minutes or less… Can it be done effectively?
The time allowed for jury selection today is typically very brief compared to the time allotted years ago to attorneys. One article that I recently read by Attorney Karen Koehler provided an interesting and effective approach to dealing with limited time for questioning potential jurors. This is what she said to a panel of prospective →
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Jury Selection-What’s the Goal?
Of all the areas of trial work, this is probably the most difficult and important task that confronts a courtroom attorney. I have seen many different approaches used in questioning and selecting a jury. Your time is limited and the stakes are high. If you “guess’ incorrectly you can lose your case before it even →
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