Empathy with the Jury

Abstract

A trial is a play. The trier of fact is an audience and the lawyers and witnesses are actors. Often, however, the participants forget about the audience and the result is confusion, boredom, and, worst of all, "bad review", i.e., a jury verdict against you. The purpose of this edition of Practice Tips is to remind all of us who litigate cases to remember to whom our efforts should be directed.

A great way to gain an awareness of what it is like to be a juror is to be one. During our firm's trial practice seminars, I have served as a juror during cases presented by associates. There is nothing like sitting on a hard chair for one and a half hours without a break to give a trial lawyer a different perspective on the case. It is helpful to remember that being a juror is not always fun. It takes constant attention, patience and concentration. Unfortunately, most of these traits are in rare supply and it is for this reason that the following suggestions are made.

Keywords: juries, trials, trial lawyers, trial attorneys, courtroom practice, trial practice, communication, litigation,

JEL Classification: K19, K39, K49