BLOG

What’s on Employees’ Minds? Employee Rights, Pay, & Government Regulation

Most jurors are employed, either as contractors, employees, or self-employed.  What are their workplace concerns these days?  Do they feel protected?  Do they believe their pay is fair? Understanding how jurors’ employment needs and concerns have changed (or not changed) is critical in assessing the risks in your employment litigation.  Will jurors identify with the […]

How Jurors’ Attitudes About Gender and Age Discrimination in the Workplace Affect Your Case

What matters more – jurors’ discrimination experiences or their attitudes? Or are both critical? Imagine you are in jury selection and have a juror who directly experienced workplace discrimination. You have another juror who has witnessed others’ experience with workplace discrimination. And yet another who harbors the belief that gender discrimination is ingrained in today’s […]

Cut the Bull: What Can Trial Consultants Really Do?

With the new TV series “Bull,” airing Tuesdays on CBS, the field of trial consulting is getting a little more attention than it’s used to.  The show, starring Michael Weatherly (formerly of NCIS) as Dr. Jason Bull, is loosely based on the early career of Dr. Phil McGraw, who began his work at a Texas-based consulting firm.  The pilot episode included all the dramatics and bells and whistles that one would […]

Is It Ethical to Research Jurors Online during Jury Selection?

With limited time and opportunity to question jurors during voir dire, attorneys are increasingly turning to jury consulting firms to conduct online research in hopes of learning more about the people who may be deciding their cases.  Internet research of a jury panel can produce a wealth of information – information that jurors may not be forthcoming or candid about during voir dire, information that the judge may deem […]

What is the Best Way to Raise a Batson Challenge?

Few things fluster lawyers during voir dire like a Batson challenge.  If the prospect of justifying your strikes on the record makes you uneasy, you aren’t alone.  We’ve seen competent lawyers in the midst of a successful voir dire easily thrown off track when the opposing party challenges their method for exercising peremptories.  Next month’s […]

Who is the Ideal Juror to Look for During Voir Dire?

Clients frequently ask our consultants, “What type of people do I want on my jury?”  This is often followed by a series of questions such as, “Are men or women better for us?”  or “Do we want older or younger jurors?”  “Who is the ideal juror for my case?” Identify Your Riskiest Jurors:  Think of […]

What are the Critical Juror Attitudes to Know before Jury Selection in Medical Malpractice Litigation?

For many reasons, including tort reform, it is becoming increasingly difficult for plaintiffs to win big in medical malpractice suits. In fact, roughly 75-85% of medical malpractice cases that go to trial result in defense verdicts. This result, as we have seen, may stem from the fact that plaintiff attorneys, who at one time filed […]

The Problem with Stereotyping When It Comes to Jury Selection

It is very common in mock trials and deliberation groups, as well as many jury selections, to hear someone make the following, or similar, comment, “Well, we certainly don’t want any teachers (or nurses, or social workers, or ‘[you fill in the blank]’) on our panel!” In particular, individuals in many of the “helping” professions […]

Why Receiving the Jury List in Advance of Trial is Important to Jury Selection

Although there are many logistical questions to be answered by the court in advance of voir dire, one of the most important questions we always ask when preparing for jury selection is, “When can we receive the jury list?” While some courts will give the list to the attorneys a week (or sometimes more) before […]

How to Get the Judge to Accept a Supplemental Juror Questionnaire

We often have this conversation with our clients when it comes to a supplemental juror questionnaire. Here’s how the conversation goes some weeks before trial: LI Consultant: How about a supplemental juror questionnaire? Attorney: The judges around here will never go for that. LI Consultant: Have you ever asked for one? Attorney: No There is […]

« PREVIOUS