the road ahead : trial lawyers facing the new decade

The Road Ahead:Trial Lawyers Facing The New Decade

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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 LawyerWilgus v. F/V Sirius, Inc., 665 F.Supp.2d 23 (USDC, Maine, 10/27/09)

November 2, 2009

District Judge Clay D. LandU.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 InstructionsJudicial Conference Committee On Court

Administration & Case Management

January 1, 2010

Deseret News, Published March 6, 2010, 9:35 MSTCourts 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