The first half of this year for me is filled with back-to-back jury trials around the state.

I haven’t tried this many cases in a row since the old public defend-er days, so it has been fun working with juries on such an intensivebasis. Over some 26 years of doing this, I’ve found that most thingshave remained the same, including the most important one: Juriesalmost always do the right thing. I believe that if the general public

could see our courts in action as much as triallawyers do, it would conclude that between thejudges and juries they do a pretty good job atfinding justice. Other observations to consider:• Juries want to be fair. Most folks don’t come

in with an agenda and are genuinely tryingtheir best to be fair to both sides.

• Jurors love the judge. They don’t knowwhether he is ruling correctly or not, but theybelieve he probably is and that he too is tryingto be fair. They look to him for guidance anddo not look favorably on lawyers who fightwith or disrespect the judge. It is the same asdisrespecting them.

• Collectively, the jury sees and hears everythingthat goes on in the courtroom and talks about it. They are not justwatching the witness. They pay attention to lawyers’ dress,demeanor, relationship with clients and each other, people in theaudience—everything.

• It is better to get a bad juror off than keep a good juror on.Absolutely neutral people are fine. You don’t need the deck

stacked with those you think may be predisposed to yourcase. But it is impossible to change the mind of someonewho walks into the courtroom with his mind closed.Identifying and striking that juror is key.• Jurors make up their mind early and filter evidence

through the decision they have made. They can changetheir minds late in a trial, but something big must hap-pen or they will not do it. Therefore, opening state-ments are critical. A bland recitation of the evidence is amissed opportunity.

• Jurors are not afraid to pull the trigger. Contrary towhat many lawyers believe, my experience has been thatjuries will do whatever they feel is just. If that means ahuge verdict in a civil case, or a not guilty or a deathpenalty in a criminal case, they will do it.

• It is not all about compromise. It is about doing theright thing. I have not found jurors to be bashful.

• Juries will punish the client of the lawyer who wastes

THE LAST WORD by Grant Woods

w w w. m y a z b a r. o r g60 A R I Z O N A AT T O R N E Y J U N E 2 0 0 5

Grant Woods is a trial lawyer inPhoenix emphasizing complex litigation,

plaintiff’s personal injury, and government relations. He was ArizonaAttorney General from 1991-1999.

their time. I am still amazed at howtedious many trial lawyers are in theirpresentation. The job is to persuadepeople, not pass a law school exam bycovering every possible point that any-body could ever think of, no matterhow long it takes. They don’t appreci-ate it and will make you pay. If jurorslike the lawyer, they are more likely tolike the client, or at least overlook theclient’s shortcomings.

• Once a lawyer loses credibility with thejury, he is done and the case is over.Jurors don’t expect a perfect case.They understand that life doesn’t workthat way. But they expect lawyers totell the truth and not promise thingsthey can’t deliver.

• Jurors watch television, and it hasshaped some of their views of how thesystem works. They are over the PerryMason phase of expecting a dramaticconfession from the witness stand, butthey are in the CSI phase of believingthat technology and science canuncover the truth dramatically. Mosttimes it doesn’t, but they seem toexpect it more than in earlier days.

So, after years and years of jury trials,I’ve come away with the same conclusion Ihad after my first few trials: It is a goodsystem. It works. It empowers people todo what they uniquely know and under-stand and want to do. It empowers themto fulfill the mission of our judicial systemand do justice.

Once a lawyer

loses credibility

with the jury,

he is done and the

case is over.

Opinions in the magazine are those of the authors

and not necessarily those of the State Bar of Arizona,

its Board of Governors, the Editorial Board

or staff. The magazine provides an open forum

for readers. Send your own viewpoint or

letter to Tim.Eigo@staff.azbar.org.

The Justice of Juries

AZAT