Categories
Litigation

What Will Jurors Be Like Post-Covid?

Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality – whatever that was – heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers […]

Categories
Constitutional Law

Jury Selection in the Age of Trump

Judges often tell jurors that the word “verdict” comes from the Latin words for “speaking the truth” and that a trial is therefore a search for the truth. But what happens when you try a case in this “post-truth” world we live in? How do you address facts and evidence with folks who believe there […]

Categories
Constitutional Law General Litigation

Courts Should Allow Jurors To Ask Questions and Take Notes

In most states in the Union, including NY where I primarily practice, the concept of allowing jurors to take notes and even ask questions is gaining in popularity. Most federal courts allow juror note-taking but not juror questioning of witnesses. Having recently tried a lengthy civil trial where the jury was allowed to both take […]

Categories
Constitutional Law Litigation

This is Not Your Father’s Jury

Back when I was a young lawyer just starting to try cases for the Manhattan Trial Unit of the NYC Law Department, I got a quick introduction in selecting jurors about 15 minutes before I picked my first jury. Though it was over 25 years ago, I can hear the speech from the wizened old […]