Trial is a series of battles

Trial is a series of battles

It is very easy to become discouraged during a trial by something that goes wrong. But, it is important to remember that each witness, each event and each day is no more than a series of battles and not the war itself. If you let one thing that went wrong demoralize you, you are beaten. Maintaining confidence while seeing the problem is essential to winning cases, because no case goes in perfectly or exactly as you wanted it to be…

Read More Read More

Do you want a six person jury or a twelve person jury?

Do you want a six person jury or a twelve person jury?

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…

Read More Read More

Medical malpractice voir dire

Medical malpractice voir dire

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…

Read More Read More