Follow the Leader

Among the lawyers we work with, and also on our own team, we have observed some ironclad “rules” for jury selection.  When it comes to cases where we are working for the defense, we always try to strike teachers.  We look critically at those who have filed a similar suit or have even thought about filing one.  One of us refuses to consider men with ponytails.

But beyond those rules, the other primary attribute we consider is leadership potential.  In fact, our juror “facesheets,” customized one-page summaries of individual jurors, include a box on top where we add a plus if we believe a person will likely be a leader in the deliberation room.  That plus goes right next to our overall juror rating, underscoring the weight we place on this trait.

Identifying the potential leaders in your venire is key, because the inclusion or exclusion of certain leaders can change the entire tenor of your trial and likely determine (or at least strongly influence) the outcome.  Whether it’s actual leadership experience such as being PTA president or head of a club or personal experience relevant to the case that might give the person knowledge of the subject matter, we have observed such people dominate a focus group conversation.  In this setting, our moderators are able to re-direct conversation to “spread the love” to the less vocal participants. 

But at trial, there may not always be a voice of reason in the deliberation room.  We have heard about leaders taking over the discussion and in some cases belittling or berating those who dare to disagree.  In the end, the verdict could very likely go the way the leader wants – regardless of whether it’s the consensus of the jury as a whole.

If you would like some guidance on the right questions to ask to identify the leaders in your venire, contact us at cluna@juryimpact.net or 714.754.1010.  We look forward to hearing from you.

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.