One of the most important sayings in our industry is that a verdict is a product of what jurors choose to talk about and focus on most during deliberations. Focus in deliberations is zero sum. If jurors are talking about one thing, they are not talking about something else. Every case has several different focal points, and those focal points tell different stories about the case. Think about the example of the film Rudy about Rudy Ruttiger, the kid who desperately wanted to play football at Notre Dame. We could focus on the game itself, which tells a different story because of the fact that the game he played in was largely a meaningless game and the game was already over in terms of score by the time he entered the game. If we focus on the game, few powerful values emerge and it’s a story that no one would want to watch a movie about.
But if we focus on Rudy and his story of struggle, we get a very different kind of story. We get an underdog we can root for and a story of triumph that is hard to forget. In both of these situations, the facts are the same, but what we focus on to make sense of those facts changes.
This is why it is so important to think about your focal point before you do anything else in your case. What is it you want jurors talking about most in deliberations? What focal point creates the most momentum for you in deliberations? Once you answer these questions, you can develop your themes and story. Continue reading →
A key milestone in any jury deliberation is the selection of the process for deliberations. At some point early in the deliberations, a process for the discussion is established. Jurors either verbally decide on a process or they simply default to one. By process, I mean the way in which they discuss the issues in order to reach a verdict. There are many different ways they can approach the discussion of the issues, and that process is important because it fundamentally influences the outcome.
For example, if the process begins with everyone going around and venting about the case in an open-ended fashion, that process makes the jurors’ emotions the most important part of the case…or at least establishes those emotions as initially important, which creates momentum for the side that emotions favor in the case. At that point, the emotions start to serve as filters for what evidence and testimony the jurors accept and reject. Conversely, if the jury starts the discussion by focusing on the verdict form questions and the jury instructions, that establishes that the law and things like the burden of proof are most important, which creates momentum in a potentially different direction. These are just two examples of potential starting points in the process, but there are many other factors to the process. Continue reading →
It’s hard being in a place where you don’t speak the same language as those around you. Where everyone dresses differently. Where you don’t understand their values or what causes them to act in certain ways. It can make you feel overwhelmed, vulnerable, and make you long for home. Am I talking about traveling abroad? Not quite. I’m talking about millennials on your jury.
Millennials are a hot topic among lawyers these days, mainly because their presence on juries around the country continues to grow. A lot of people like to adopt a “kids these days” mentality and argue that there is something wrong with millennials and their worldviews. However, we have looked at the data, and there are not that many differences when it comes to common legal attitudes. For example, 63% of both millennials and non-millennials agreed that, “there should be limits on how much money a jury can award to a plaintiff in a lawsuit.” 87% of non-millennials agreed with the statement that, “too many people file lawsuits in an attempt to get money they do not deserve,” compared to 75% of millennials. Continue reading →