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Private trials: Avoiding the costs and delays of the courts

By: Richard Gabriel
Published: January 24, 2012

Tags: jury trial

All litigants on both sides of the aisle have been squeezed by the exponential complexity of litigation and the accompanying time and expense of discovery and trial. But while this strain causes some parties to settle cases rather than deal with prolonged trial dates, there will always be a place for parties to have their matters resolved by a representative cross-section of the community, and some additional but seldom used remedies are available for those parties who do not want to wait for the courts.

Verdict trends: What’s fueling the rise in jury awards? 

By: Sylvia Hsieh
Published: January 17, 2012

Tags: jury

The past year saw some of the highest Top Ten Jury Verdicts in recent years, exceeding the previous two years. Are jury verdicts trending higher? How is the prolonged economic downturn affecting juror attitudes, and has any of the public frustration displayed in anti-corporate protests like the Occupy Wall St. movement seeped into jury deliberations?

We talked to several experts who spend a lot of time in the courtroom to get their opinions about what juries are responding to. Here are three views of jury trends from a plaintiffs’ personal injury attorney, an employment defense lawyer and a senior jury consultant.

Study: Jurors struggle with reckless, knowing conduct 

Published: January 12, 2012

Tags: juries, jurors, knowing conduct, Model Penal Code, reckless conduct

A new study has found that jurors often struggle with how to distinguish reckless or knowing conduct on the part of defendants.

Big Brother can help your case 

By: Correy Stephenson
Published: December 28, 2011

Tags: evidence, video evidence

With electronic surveillance at an all-time high and smartphones equipped with video cameras, video evidence is an increasingly common – and important – element of a case.

Tweeting and napping jurors give defendant new trial 

Published: December 16, 2011

Tags: juries, jurors, social media, Twitter

A capital murder defendant is entitled to a new trial based on a juror who fell asleep and another who tweeted during the trial.

Taking storytelling to a new level in the courtroom 

By: Sylvia Hsieh
Published: November 16, 2011

Tags: jury, story, voir dire

Most lawyers with any natural storytelling ability had it beaten out of them in law school.

But all hope is not lost. In his new book, ‘Twelve Heroes, One Voice,’ trial lawyer Carl Bettinger draws from a variety of stories, from ‘The Odyssey’ to ‘The Matrix’, to show how a jury trial mimics the story arc of every hero-centric tale – with the happy ending being what Bettinger calls a “verdict with a capital V.”

Using online jury research 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, internet, jury research, jury selection

Online jury research isn’t a standalone tool, but it can be a valuable complement to more traditional research. Here are some tips for using it to your advantage.

Successful use of expert witnesses 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, expert witnesses

At best, expert testimony can be the viewfinder that brings blurry evidence into focus for the jury. At worst, an expert can confuse, bore or offend jurors. Here are some tips for making the most of expert witnesses.

Discarded laptops, flash drives create ethical obligations 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, client data, data security, electronics, legal ethics

A recent Florida Bar opinion advising that lawyers have an ethical duty to sanitize their storage devices has put a spotlight on how attorneys handle their discarded equipment.

Lawyers face new challenges with e-discovery in 2012 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, e-discovery, electronic discovery

As electronic discovery continues to evolve, litigators are facing new challenges, including emerging technology and expanding amounts of data. Looking ahead to the coming year, lawyers should keep an eye on the following trends.