Ways to Spell Disaster in a Jury Trial: A Baker's Dozen

Abstract

There are certain things that one can only learn through experience. Experience can be gained by both doing and watching others. Trying a jury case is something that one can only learn through doing and watching. Accordingly, this Practice Tips article is primarily directed to those who have never tried a jury trial or those who have never watched one. Unfortunately, this article is also directed to those who have tried jury cases but have never tried one with an understanding of the intangible dynamics at work which spell victory or defeat.

In lieu of trying or watching a jury trial, I offer the following 13 ideas on how to guarantee (or at least almost guarantee) disaster in a jury trial setting. Certainly, if you carefully adhere to the following prescription, you will significantly enhance the possibilities of not only an adverse verdict, but (if your opponent is a plaintiff and has asked for exemplary relief) a sizable punitive damage award based on the jury's disgust for your presentation and (if you really do a good job of violating these canons) you.

Keywords: jury trials, lawyers, attorneys, trial practice, continuing legal education, juries, judges

JEL Classification: K19, K29, K39, K49