What type of juror are you?

Right or wrong, jurors impose their own expectations and common sense on unfamiliar situations.  And other than cases that involve commonly-experienced situations like driving and employment, most trials involve situations that are completely unfamiliar to most jurors.  Most jurors have never dealt with a patent, or product design and safety testing, or even complex business contracts.

No matter how carefully I present a case, you, as the juror, will instinctively impose your own approaches and judgments on how an investment manager should have managed risk, or what a commercial real estate broker should have disclosed to buyers, or how meticulously an airline should inspect planes in between flights.  Fairly or not, you will more likely judge these situations by how you manage your 401K, and how you sold your own house, or how you inspect and maintain your minivan than by industry standards.

Is the case about “right and wrong” or is it about the letter of the law and industry standards and expectations?  Was the conduct in question illegal regardless of whether it was fair, nice, or ethical?

I know that jurors have knowledge and understanding that they bring to court that cannot help but color your vision.  It doesn’t matter what type of juror you are; it is my job to explain the concepts and to tailor the presentation of my client’s case to your point of view.

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