Tag Archives: jury
By Rich Matthews “Well, Counsel, that’s why the Good Lord gave you a few peremptory challenges.” – An actual judge at sidebar, denying a righteous cause challenge In August, the Arizona Supreme Court eliminated peremptory challenges in jury selection for … Continue reading
Five mistakes widely made by trial counsel in jury selection . . . probably including you. Continue reading
I was on Elizabeth Kelley’s ‘Celebrity Court Radio’ show yesterday, available by clicking here. (I’m approximately 10 minutes into the show.) The subject was the conviction of John Rowland in a Connecticut federal court for violations of campaign disclosure/finance laws … Continue reading
You’re an expert witness who wants to add the greatest possible value to your side. (Or you might be the attorney who wants to get the most juror persuasion out of your expert.) You’re in the right place. Jurors taste … Continue reading
There’s a story in the July 21 online edition of the Boston Globe about a trial in which jurors have asked 281 questions, and in my opinion, the piece skews rather negatively about the whole practice of allowing jurors to ask … Continue reading
‘Acquittal: An Insider Reveals the Stories And Strategies Behind Today’s Most Infamous Verdicts’ by trial consultant Richard Gabriel is a great summer read which I recommend to all attorneys who try cases – even civil litigators.
We think how we speak after awhile. An expression can become detached from its origins and then lead to blinders. In litigation world, saying “expert” and not “expert witness” is one of the particularly bad ones, made worse by its near universality. … Continue reading
Some weeks ago, I was talking with a lawyer who probably does a dozen trials per year and has been doing it for 15 years with results that are well above average. She was lamenting her discomfort with the jury … Continue reading
Textemada (d.b.a. the Torquemada of Text) is back with more words and phrases that lawyers simply must banish from their vocabularies. I would say “at least in front of jurors,” but I think the reality is that our minds get … Continue reading
Every so often, I see something that a juror has written about his or her experience as a juror, and they are always valuable. Some moreso than others. A man named Gerry Walker in New York City wrote a terrific … Continue reading
Many states permit the lawyers to make a brief opening statement before the oral questioning of prospective jurors (e.g., California Code of Civil Procedure, sec. 222.5). If your state permits this, you should absolutely do it.
Get a piece of paper and a pen, and try the following puzzle. Seriously, try it—it will make this much more fun and you might learn something kind of profound. Ready? Here is the challenge:
I have served and observed thousands of lawyers over 23 years, and gotten to know their thinking, strategy, intentions, and performance both preparing for and conducting jury trials. And I have become convinced that there is one barrier at the … Continue reading
(This continues the discussion from Wednesday, June 26th.)
Fish do not think they are wet. If they thought about it at all, they might think you are dry. But just going along their fishy paths, leading their fishy lives, they give no thought to their own wetness. They … Continue reading
Why would a jury guy be talking about video depositions? Because clips from video depositions are often shown to jurors in trial.
1. Thou shalt know with thy whole heart that jurors don’t like objections. They want the truth and believe the objector is trying to hide the truth from them. So know that there is a cost for every objection. It … Continue reading
The Questions Themselves: Part Social Science, Part Strategy Often, questionnaires written by lawyers are… well… Look, a lawyer attempting social science based only on intuitive commonsense is like watching social scientists try to practice law with only intuitive commonsense. Which … Continue reading