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A lawyer's view from the jury box.

Article Excerpt
I have been a trial lawyer for 15 years, so I never expected to be chosen as a juror. But I was one of two lawyers on the jury in a recent trial. Voir dire left the attorneys in the case little choice: The cause of action was medical malpractice, and many panel members reported having family or friends who had experienced it. Many other panel members were medical professionals, such as nurses and rehabilitation workers. Given the limited options, it may have been wise to leave two lawyers on the jury, because neither one could dominate deliberations.

Haviug appeared before the judge as a practicing lawyer, I knew him to be intelligent, fail, in control of his courtroom, and solicitous of the jury. The attorneys trying the case were experienced, effective, and dedicated to their clients. What follows is not intended as any criticism of them. Rather, my observations are offered as a litigator's view from the jury box.

Based on my own perceptions and other jurors' comments during our eight-hour deliberation. I am convinced that some of the conventional wisdom regarding what persuades jurors is accurate--but much of it is simply wrong. Here are 10 dos, and an equal number of don'ts, for trial lawyers.

To do

* Thank the jury. Jurors make real sacrifices to serve, so they take their responsibility very seriously. Most on my jury worked at their normal jobs early in the morning and after court was dismissed. Those who could not alter their work hours were acutely aware of the burdens their jury service imposed on their coworkers.

The jurors expect and deserve to be thanked: Start and end your closing argument by sincerely thanking them for their time and attention. They will definitely notice if you forget to do so.

* Use demonstrative exhibits. I no longer believe that jurors decide cases based on opening statements. By the third day of this eight-day trial, I had forgotten everything said in the openings. During our deliberations, not one juror mentioned anything connected with the opening statements. The models and simple charts the lawyers used in their openings, however, remained fixed in my mind. Despite my years of trial experience, the visual evidence made more impact on me than other evidence. Keep the charts simple; a complex time line referenced several times was too detailed to...

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