They Can’t All Be LeBron: Reluctant Jurors Could Make or Break Your Case

The Internet was abuzz recently with stories about basketball superstar LeBron James and Sen. John McCain reporting for jury duty in their hometowns.  Both men said they were glad to do their civic duty (though neither was selected for a trial).

Unfortunately, the odds are any jury pool you face will have members who are not as civic-minded as LeBron and Sen. McCain – and some might be downright resentful about being there.  How you handle these reluctant jurors during jury selection and trial (if they’re seated) could have a significant impact on whether you win or lose.

The numbers confirm what you already know – many potential jurors just don’t want to be there.  A nationwide survey we conducted recently found that 54 percent of respondents said they would be happy to serve on a jury, 36 percent said they would fulfill their obligation only grudgingly and the remaining 10 percent would refuse to serve. 

That means between one-third and one-half of your empaneled jury might be unhappy to be selected.  A Pennsylvania woman recently was so angry upon getting selected that she cursed as she was walking to the jury box – and was promptly dismissed and fined $500 by the judge.  Just last week, when we were assisting with jury selection in a case that ended up settling at the last minute, a woman refused to mail her questionnaire and instead sent an angry letter – and a copy of her Xanax prescription – accusing the court system of causing her anxiety levels to shoot through the roof.

There is even a whole article on the web site WikiHow about how to get out of jury duty, ranging from the routine (claim financial hardship) to the novel (refuse to take the oath to decide the case based only on the facts presented in court).

So what’s a lawyer to do?  Through our years of helping choose juries and monitoring trials, we’ve assembled the following recommendations for dealing with reluctant or hostile jurors:

• An angry juror is nobody’s friend – Jurors who are angry about being selected are unpredictable, and their attitude could poison the panel.  Even if you think that juror might be likely to support your side, we recommend letting the juror go if you can.
• Don’t be the one the angry juror blames – Reluctant jurors usually say things they hope will get them excused, such as professing bias.  You may be tempted to rehabilitate a juror you think would likely support you, but that juror will likely blame you – and your client – for his inconvenience.  If a juror is sending clear signs of a bad attitude, just let him go.
• Don’t waste jurors’ time – Let jurors know you want to be respectful of their time.  Don’t use an hour for your opening if 40 minutes will do.  Don’t waste time with jokes or small talk with witnesses.  Don’t object ad nauseum just because you can.
• Shorten your case if you can – Attorneys often feel the need to have as many experts testify at trial as the opposition, but we encourage you to use as only many as you need and avoid repetitive testimony.  More is not always better.

A final note – beware as well of potential jurors jumping out of their seats with eagerness to serve.  A juror who really wants to be on your jury might really have a secret axe to grind, so it’s worth looking deeper into their motivations.

If you’d like our advice on what jurors might be best for your case and how to streamline your courtroom presentation, contact Senior Vice President Claire Luna at 714-754-1010 or cluna@juryimpact.net.