Bring Clarity, Not Confusion, to the Courtroom

Contusions.  Are they hair?  Bones?  Perhaps another name for wisdom teeth?

The Onion posted an amusing article Monday about a juror who spent an entire trial confused about the meaning of the word “contusion” because he was too embarrassed to ask – and no one bothered to explain it.  Unfortunately, it’s funnier because it’s true.  Far too often, attorneys and witnesses throw around jargon in the courtroom without bothering to explain basic terms.  It goes along with knowing your case, or your line of work, far too well and assuming others have the same base of knowledge that you do. 

These assumptions can prove problematic, and could potentially derail your entire case.  There’s the minor issues, such as the length of a full-term pregnancy, and the major ones, like clearly defining that a doctor is an independent contractor rather than a hospital employee.

It sometimes shocks clients at our focus groups that laypeople don’t know these things, and these participants’ opinions then get jettisoned because they’re uninformed.  But it’s not about whether a juror is smart or dumb; IQ and education level don’t have any impact on whether a juror automatically knows a contusion is just a fancy word for bruise.

Defining terms isn’t about “dumbing down” your case (and believe us, jurors can sense when they’re being condescended to and will not be happy).  It’s about making sure you’re in control of educating the jury about key terms and issues.  Evaluating your case with a representative group of jurors, either in person or online, can help you figure out potential areas of confusion.  Every report we produce includes a section on jurors’ verbatim questions, and making sure your trial team proactively answers those questions will give your side the courtroom advantage.

To learn more about educating your jury, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.
  

A Focused Jury is a Better Jury

It goes without saying that putting life on hold for weeks to serve as a trial juror is less than convenient for most people.  Whether it’s work, family or both, almost everyone has something they should be doing – or at least would rather be doing – instead of sitting in a courthouse for several hours a day hearing about emotionally draining issues.

That’s the position in which our court system places jurors, yet oftentimes we do nothing except pay lip service to their inconvenience and sacrifice.  Too often, the result is preoccupied trial jurors with multiple other demands for their time and attention.  Obviously, distracted jurors are not in an ideal place to pay attention and come to a rational, logical conclusion.

So what can be done, short of limiting juries to retirees?  Although there is no ideal solution, several states and jurisdictions are starting to address the problem.  Their solutions range from a Wisconsin juror pamphlet recommending yoga, meditation and exercise to hotlines that connect stressed-out jurors with mental-health professionals.

That’s all well and good, but in our experience there are things you can do – with the cooperation of the judge and opposing counsel – to help make the burden of jury service more manageable – and help your jury remain engaged and pay attention to your case.

• Flexible scheduling – We’ve found from interviewing jurors post-trial that it is enormously helpful for them to have some time away from court during the week.  Whether it’s one day off per week or having shorter breaks and stopping every day in the early afternoon, this allows jurors to pick up the kids from school, squeeze in a shift at work or at least keep on top of what’s happening at the office. 
• Time limits on witnesses – In our experience there are few witnesses who require a full day of testimony, and most witnesses who take that long do so because of plodding, repetitive examinations by counsel.  Jurors hate having their time wasted, and lawyers aren’t doing themselves any favors with overly long witnesses because jurors will simply get bored and tune out.  We’d suggest discussing time limits with the judge and opposing counsel – it’ll keep the trial moving and keep the jurors engaged.
• Bring doughnuts – Jurors are people, too, and people love doughnuts.  Pitching in with opposing counsel to bring an occasional treat can provide jurors some relief from the drudgery of jury duty.
• Ask what works for them – The judge can structure the trial any way he or she wants, so it might be worth asking the judge to poll jurors about what would make their lives easier.  Would they prefer one day off per week, or would they rather plow through?  Would it be helpful to start later in the mornings or finish earlier in the afternoons?  Would they prefer a longer lunch break or a shorter trial day with minimal breaks?  After all, it’s their lives you’re interrupting.

Jury service will never be without its inconveniences, but we believe it is within the power of the judge and attorneys to minimize these hassles and be as accommodating as possible.  You’ll be rewarded with a more attentive and focused jury.

To hear more about our thoughts on keeping jurors engaged, contact Senior Vice President Claire Luna at 714.754.1010 or cluna@juryimpact.net.