The role of juries in adjudicating cases has long been the subject of consternation and debate by those in the legal system. In civil jury trials, the jury acts as the fact-finder and must determine the proper level of...more
There’s a stereotype of what happens in jury deliberations. It involves jurors squaring off against each other, a hail of fierce argument and counter-argument, with the jurors turning themselves into proxy attorneys for their...more
Join Robins Kaplan for this year’s Trial Advocacy Seminar, ‘Know Your Story. Tell Your Story,’ where we unravel the art of persuasive storytelling. We will explore how attorneys can captivate juries and influence legal...more
Join us in Miami for a DRI seminar that is a first of its kind. DRI’s Litigation Skills Committee and DRI’s Center for Law & Public policy are joining forces to put on a program specially designed to discuss, combat,...more
It is not unusual to hear questions or comments similar to the following from a member of a trial team. “I get all this about ‘themes’ and, of course, we have them, but what do they have to do with all the evidence we need to...more
With a jury deliberating, there is nothing more exactingly scrutinized by trial lawyers than a written question emanating from the jury deliberation room to the trial judge. As the judge reads the question, the lawyers,...more
A round table discussion with top litigators and social scientists exploring how major world events such as the COVID-19 pandemic can impact juror attitudes. History proves that major world events impact juror attitudes....more
“We have a verdict!” The familiar cry from the court officer echoes through the empty hallways of the Middlesex Superior Court in Woburn as I sit alone trying to focus on accumulated emails. Scrambling to my feet, I...more
As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring...more
In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to...more
Some feel that the jury system has a fatal flaw. And that flaw is the jurors. They’re human, and that means they carry a wide variety of biases. Based on their experiences, their outlooks, the information they’re exposed to,...more
The common expression of the recency effect, “Save the best for last,” says that the latter parts of a message will stick in the memory and be ready for later use. The importance of that effect in your trial message has...more