For the past couple of years, we’ve been conducting national surveys on a variety of subjects in order to find out what kinds of widely held beliefs jurors bring into the courtroom. This data has helped inform many litigation strategies, witness preparation efforts, and jury de-selection strategies. Recently, we put all the questions together, added COVID specific questions, and conducted our largest nationwide survey yet. All of the data was collected in May 2020. The data not only tells us about how the jury pool will likely be different in the foreseeable future due to the fact that approximately 45% of the population responded that they would ignore a jury summons because of health/safety concerns, but it also shows us how attitudes have shifted as a result of the pandemic. Here are just a few areas where we saw some swings. Continue reading →
This week, I had the privilege of being interviewed by Above the Law about the research we have been conducting on how the pandemic impacts the jury pool and jury decision-making in general. Our findings have significant implications for trial scheduling and strategy development, making this episode well worth the listen. However, this only scratches the surface on the data that we have collected. We hope to publish more and more findings as we work through the data analysis in the coming weeks.
It is the question on every litigator’s mind: What impact, if any, will the pandemic have on jury decision-making once trials resume? Will there be more goodwill towards businesses because of the economic toll the pandemic has taken? Will perceptions of a widening rich/poor gap perpetuate social inflation and nuclear verdicts? The questions go on and on and it is important to have answers to them. I expect that many organizations will purport to have those answers, but those answers might be misleading or flat-out wrong for one very important reason. Continue reading →