Articles & Publications
- Premises Liability
- Review of Psychological Science in the Courtroom
- Using Focus Groups to Discovery and Meet the Needs of the Jury, November 2012
- Morning-of-Trial Guide to the Law of Jury Selection
- Preparing for Voir Dire
- Who Is Your Jury Going To Be?
From Trial News June 2019 by Edwin S. Budge – reprinted with permission
In larger cases, lawyers can easily advance tens of thousands or even several hundreds of thousands of dollars in costs. Particularly in federal court, where extensive expert reports are a must just to get past summary judgment, lawyers routinely drop ten thousand dollars or more on a single report.
Lawyers who handle personal injury cases often represent people who were injured on someone else’s property. If these premises cases go to trial, they can differ from other types of cases because they ask jurors to compare things they are familiar with to things they are unfamiliar with.
Review of “Psychological Science in the Courtroom”
This is a collection of state-of-the art articles about the law and the psychological sciences. When I saw the title I expected to learn how to use psychology to cause jurors to do back-flips, instead, I found a scholarly work designed “to help forensic psychologists, lawyers, judges, and other professionals with the complex task of evaluating conflicting and often confusing research evidence to arrive at clear conclusions about the state of the science and how it applies to legal issues.” A lofty goal, but indifferently achieved, due to the exhausting scientific vernacular: the article authors have twenty-eight Ph.D.s among them (but only four J.D.s). This is not light reading, and it is not written in the language of trial lawyers or juries.
“Using Focus Groups to Discover and Meet the Needs of the Jury”
Lawyers who represent people who have been harmed by the acts of others have to look into their hearts and decide:
- Do I believe in the jury system?
- Do I trust jurors?
“Morning-of-Trial Guide to the Law of Jury Selection in Washington”
When the action is called for trial, a panel of potential jurors shall be selected at random from the citizens summoned for jury service who have appeared and have not been excused. A voir dire examination of the panel shall be conducted for the purpose of discovering any basis for challenge for cause and to permit the intelligent exercise of peremptory challenges. Any necessary additions to the panel shall be selected at random from the list of qualified jurors. The jury shall consist of six persons, unless the parties in their written demand for jury demand that the jury be twelve in number or consent to a less number. The parties may consent to a jury less than six in number but not less than three, and such consent shall be entered in the record.
Review of “Preparing for Voir Dire”
Lisa Blue, the current president of The American Association for Justice, and Robert B. Hirschhorn, her long-term professional colleague, have put together a concise, readable, useful, and practical guide to the crucial job of getting your head ready for the challenges of picking a jury.