Filing a Lawsuit Is Easy As Pie

It seems to surprise many Americans that running for president or any elected office is as easy as filing a form and meeting some minimal age and citizenship qualifications.  But that’s at least part of the reason why the current pool of presidential candidates is large enough to field two softball teams. 

It may be that the only thing easier than running for president is filing a lawsuit.  Where Jury Impact is based in Orange County, Calif., a civil case can be filed for just $225.  (The small claims filing fee is even less – just $30, or one-third the price of a ticket to Disneyland.)  But not everyone understands how simple it is to file a lawsuit, and the different perspectives on this issue can be surprisingly predictive of juror verdicts.

In research with more than 6,000 jurors around the country, one of the most striking correlations we have observed ties to responses to the question: Filing a lawsuit is a) too easy, b) just about right or c) too difficult.  Those jurors who believe filing a lawsuit is too difficult are 1.2 times more likely to find in favor of the plaintiff during our focus groups.  Those participants who consider it too easy to file a lawsuit are 1.2 times more likely to side with the defense.

Put a different way, 68 percent of those jurors who render a defense verdict believe it is too easy to file a lawsuit.  These jurors tend to believe there are too many frivolous lawsuits simply because the process is so simple, and they also are more likely to believe a plaintiff might be using a lawsuit to “game the system” or as a “get-rich-quick scheme” rather than a valid complaint.

In contrast, those jurors who believe it is too hard to file a lawsuit tend to also share the misconception that there is some “process” within the legal system that weeds out frivolous lawsuits.  This in turn creates an air of legitimacy around the lawsuits that do make it to the courtroom.  As many as 80 percent of jurors in our most challenging jurisdictions believe that if a case makes it to trial, it must “have merit.”

Next time you’re considering questions to add to voir dire, we would suggest asking about juror views on the ease or difficulty of filing a lawsuit.  The answers can be illuminating and, in many cases, predictive of juror behavior in the deliberation room.

To discuss other ways to elicit revealing information during jury selection based on our data, contact us at cluna@juryimpact.net or 714.754.1010.