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The civil jury trial in Guerrero v. Cardenas presents an extraordinary example of a judge not only trying to rehabilitate jurors who do not want to be jurors in a case but also requiring them to serve.  Following a defense verdict, plaintiff claimed the judge improperly required two jurors to serve on the jury despite one saying he would “never serve on a jury” and the other juror expressing reluctance to serve because of what happened to a family member in a jury trial.
by: Amit Patel, Jury Consultant In our jury research studies, we have the opportunity to present facts, evidence, arguments, and witnesses to mock jurors and gather their feedback for analysis. While the conditions of a controlled study such as a mock trial can closely mimic those of an actual trial, differences remain and many mock … more »
Telling your client’s story at trial in a compelling and persuasive way is what trial lawyers do. While the pandemic has delayed most jury trials, the courts are opening up and many trials have moved forward in the last year, some virtually and some with a virtual/in-person twist. How can you still be effective and engage with the jury when trial doesn’t look like it used to? In this ThemeVision Focus video, watch Trisha Volpe’s interview with top Gordon Rees Scully Mansukhani, LLP trial attorney Nancy Erfle who conducted a recent jury selection via Zoom and was part of the team trying the case in person. Here’s her perspective on trial storytelling during the pandemic and whether some aspect of the virtual trial is here to stay.
If the case is about money, it’s helpful to know what the case is worth to those who will eventually decide the issue at trial. Most attorneys probably use reasoned logic in conjunction with the facts of the case to decide this question. Maybe the result is tempered by personal history for those with trial experience. But relying on these things is risky.  
As attorneys, we devote much our time to the substance of our arguments for persuasive presentation to opposing counsel, mediators, judges, and jurors. This is rightfully so as we persuade with facts. However, in this COVID era, many courts either remain closed or if open, are seriously backlogged with cases. This means that an increasing number of cases are likely to be decided via negotiation and settlement, rather than in the courtroom.
Telling your client’s story at trial in a compelling and persuasive way is what trial lawyers do. While the pandemic has delayed most jury trials, the courts are opening up and many trials have moved forward in the last year, some virtually and some with a virtual/in-person twist. How can you still be effective and engage with the jury when trial doesn’t look like it used to? In this ThemeVision Focus video, watch Trisha Volpe’s interview with top Gordon Rees Scully Mansukhani, LLP trial attorney Nancy Erfle who conducted a recent jury selection via Zoom and was part of the team trying the case in person. Here’s her perspective on trial storytelling during the pandemic and whether some aspect of the virtual trial is here to stay.
we cannot truly know whether the spirit of holiday generosity resounded in the minds of jurors, whether consciously or not. Nevertheless even without the backing of hard science, there is the strong perception of a “holiday effect” upon jurors, and attorneys would be wise to contemplate it during this time of the year, lest they be left with a “Bah humbug!” of a verdict.
Every legal case comes with a host of decisions. Some are big and bright; many are small and subtle. Some are not even perceived as decisions due to the chilling effect of convention, personal habit, or law-firm policy. But there are always many questions—and where there are questions, there are decisions. Consider several that arise … more »
we cannot truly know whether the spirit of holiday generosity resounded in the minds of jurors, whether consciously or not. Nevertheless even without the backing of hard science, there is the strong perception of a “holiday effect” upon jurors, and attorneys would be wise to contemplate it during this time of the year, lest they be left with a “Bah humbug!” of a verdict.
In a previous article, “Getting the Deal Done: Cognitive Science in Negotiation,” I examined how strategic use of loss aversion and disaggregation of gains & aggregation of losses can bring persuasive punch to a negotiation. Can taking a page from a FBI hostage negotiator and getting someone to say “no” actually facilitate completion of a … more »