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The Road Ahead:Trial Lawyers Facing The New Decade
1861
1957
1995
• Jurors
• Judges
• Experts
• Technology
Agenda
• Dangers Of Online Jurors
• Investigating Issues & Jurors
• Teaching Jurors
JURORS
August 18, 2009
People v. Jamison, 2009 WL 2568740 (N.Y.Sup., 8/18/09)
Judge Joel M. Goldberg
October 27, 2009
Juror’s Post-Trial Email To Plaintiff’s Lawyer
Wilgus v. F/V Sirius, Inc., 665 F.Supp.2d 23 (USDC, Maine, 10/27/09)
November 2, 2009
District Judge Clay D. Land
U.S. v. Shelnutt, 2009 WL 3681827 (M.D., Ga. 11/2/09), 37 Media L. Rep. 2594
Memorandum From Judge Julie A. RobinsonChair, Judicial Conference Committee On
Court Administration & Case Management
January 28, 2010
“The Committee believes that the more explicit mention in jury instructions of the various methods & modes of electronic communication and research would help jurors better understand & adhere…”
Jury Instructions
Proposed Model Jury Instructions
Judicial Conference Committee On Court Administration & Case
Management
January 1, 2010
Deseret News, Published March 6, 2010, 9:35 MST
Courts Crack Down On Jurors’ Online Activity
“San Francisco Superior Court on Jan 1 began including such instructions after 600 jurors said they went online because there were no explicit prohibitions against such independent research.”
February 23, 2010
People v. Rios, 2010 WL 625221 (N.Y.Sup.), 26 Misc.3d 1225(A)
Judge Margaret L. Clancy
• Dangers Of Online Jurors
• Investigating Issues & Jurors
• Teaching Jurors
JURORS
Rule 3.5
Model Rules of Professional Conduct
• Dangers Of Online Jurors
• Investigating Jurors
• Teaching Jurors
JURORS
How many hours do you spend online each day?
Do you feel irritable when you are offline?
Do you neglect sleep more than 3 times a week?
Do you have an anonymous handle or screen name?
Do you like to escape into virtual reality?
Do you have backaches or carpal tunnel syndrome from computer use?
Spirit Magazine, April 2010, p. 48
• Jurors
• Judges
• Experts
• Technology
Agenda
New Decade, New Judges:
What Trial Lawyers Can Expect
from the Judiciary
I. LESS TRIAL EXPERIENCE
• Increase in cases mediated
• Increase in cases settled
• Individuals seeking judgeships at earlier ages
• ALJ’s and government attorneys seeking judgeships
II. EFFECT OF LESS TRIAL EXPERIENCE
• Need for attorneys to be proactive during pre-trial and trial
• Even more focus on motions in limine
• Struggle with evidentiary rulings
• New judges may provide even more encouragement to settle cases
III. VERY COMFORTABLE WITH TECHNOLOGY
• Will benefit parties in trial
• May take advantage of increased access to court files
• Ability to work away from the courthouse
IV. LESS PERSONAL ACCESS TO JUDGES
• Phone conference, video conference
• More economical to handle out of town cases
V. MORE DIVERSITY
VI. INCREASE IN CAMPAIGN CONTRIBUTIONS
• Jurors
• Judges
• Experts
• Technology
Agenda
• The “Expert” Juror
• Daubert/Frye Trends
• Impact of Social Media
• The “Professional” Expert
Gen X-perts
• The “Expert” Juror
• Daubert/Frye Trends
• Impact of Social Media
• The “Professional” Expert
Gen X-perts
• The “Expert” Juror
• Daubert/Frye Trends
• Impact of Social Media
• The “Professional” Expert
Gen X-perts
• The “Expert” Juror
• Daubert/Frye Trends
• Impact of Social Media
• The “Professional” Expert
Gen X-perts
• Jurors
• Judges
• Experts
• Technology
Agenda
