Many myths exist about juries. Trials are often won and lost in jury selection, but not in the way many believe. Jury selection is not about attempting to indoctrinate the panel with trial themes. Time is usually too short. Instead, trial counsel must learn the panel members' attitudes, concerns, and fears. These, not demographics, correlate well with verdicts. Of course, this demands that trial counsel know which attitudes, concerns, and fears are predictive. We have studied this with the help of some of the finest jury consultants. And the proof is in our results.
Many also believe that juries decide cases based on plaintiff sympathy. Certainly, sympathy impacts damages. But juries, even those believed to be "plaintiff" juries, have a long history of turning away the most sympathetic plaintiffs on weak liability facts, when the defense is presented competently. Every plaintiff's lawyer can tell stories about how juries have poured out very sympathetic clients. Yet, the plaintiff sympathy concept still leads many defendants to overvalue cases.
Understanding Juries
- Contract Disputes
- Unfair Competition
- Business Fraud
- Real Estate Litigation
- Oil & Gas Litigation
- Disputes Among Business Owners
- Intellectual Property Litigation
- Employment Disputes
- Non-Competition and Non-Solicitation Agreements
- Consumer Litigation
- Condemnation Cases
- Breach of Fiduciary Duty Cases
- Creditors Rights in Bankruptcy
- Construction Contract Disputes
- Commercial Collections
- Debt Recovery Strategies
- Franchise Litigation
- Restrictive Covenants Disputes
- Misrepresentation and Non-Disclosure
- Embezzlement Fraud
- Construction Defect Litigation
- Employment Severance Agreements
- Transportation Projects and Eminent Domain
- Contest for Corporate Control
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