Recently I was asked about the issue of whether you are better off with a six or twelve person jury. Even though it is probably moot for most of our cases because we don’t have a choice, it is an issue worth considering. In Washington state, where I practice, the rule provides that a party can request a six or twelve person jury, but the other side can demand a twelve person jury if six is initially requested. The insurance…
Here are some random thoughts about jury selection in a medical malpractice case. Keep in mind these are thequestions one would consider asking in a "traditional" voir dire. In a Gerry Spence approach one would modify how these were asked by starting with one’s own feelings or experiences as a lead to asking the jury about theirs. However, these are few of the areas you might consider inquiring about as part of a general selection process. A. ACCOUNTABILITY HOW DO…
"Just the facts, Ma’am" – Sergeant Joe Friday in Dragnet, a popular television program in the nineteen fifties Examining witnesses looks easy on television and in the movies. Whether direct or cross examination, it is always very brief, entertaining and successful. It looks so easy, until you do it in a court room with a real live witness. Your own client can become your worst witness or your expert lose all credibility. Your carefully prepared cross examination can become an…