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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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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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Why It Doesn’t Always Pay to be the Smartest Guy in the Room
Ego… All good trial attorneys have it. Without a little ego it would be difficult to stand up and try to persuade a bunch of strangers you just met to acquit your client or award your client a significant sum of money. It takes not hard work and preparation, but a fair amount of moxie →
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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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