Jury Duty

 

It is hard to believe but I have only been called up to audition for jury duty one time in my life. I am a few days short of 73 years old and the last time I was selected was just before I turned 70. At 70, you can be automatically excluded if you wish. Out of a pool of a few hundred potential jurors, I was among 45 who had to endure the auditioning process.

The case involved injuries that occurred in an automobile accident. We were told that the evidence would include differing testimony from two neuroradiologists. So when the questioning of the potential jurors began, I was asked about my background. I told them that I had two sons, one who was an investigator for medical malpractice lawyers and one who was an orthopedic surgeon. I then said I was a radiologist and would be the perfect juror for the trial because I could fully understand the medical evidence to be considered.

I assumed I would be dismissed on that basis, but it actually took many long arduous hours before I was dismissed. After every potential juror was questioned, I knew who would be chosen. They were the dumbest people in the room. I don’t know if any juror chosen had an IQ over 100.

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  1. kedavis Coolidge
    kedavis
    @kedavis

    Steve Fast (View Comment):

    kedavis (View Comment):

    Steve Fast (View Comment):

    I had a small oil and gas client who got sued by a mid-major oil producer for non-payment of an invoice that we clearly should not have had to pay. The case involved issues of contract interpretation, but our highly regarded attorney and her jury consultant decided that we would be best served by a jury of low intelligence. They thought that low-intelligence jurors would be sympathetic to a small company, even if they couldn’t understand the contractual language. We lost.

    When the attorneys talked to the jurors in the lobby after the case, one juror said that she had tried to convince the other jurors that our interpretation of the contract was correct but that they couldn’t understand it. They had felt that if they had to pay their bills that we should pay our bill, so they voted against us. For low-intelligence jurors, it was that simple.

    I think that a smart jury would have understood the contractual interpretation and agreed with us. I’ve been really disillusioned with the legal system after that case.

    Shoulda gotten the judgement paid by the lawyer’s malpractice insurance.

    My client had no assets left by the time the verdict was rendered, having made a series of bad oil and gas investments. The large oil company then spent several months combing through my client’s financials trying to find assets that they could seize. I got deposed on the details of my client’s financial statements and assets. After spending an inordinate sum on accountants and lawyers, they realized that we had nothing. Thankfully I got paid, but our attorney and her jury consultant got stiffed for over $100K in legal bills. I think my client only fought the case out of a sense of pride since they had nothing to lose. I was the only one involved who didn’t lose financially.

    Hmm well I guess if the client was going to be wiped out anyway because of other things, I guess it’s not that bad as long as the lousy attorney and jury consultant didn’t get paid.

    • #61
  2. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Steve Fast (View Comment):

    I had a small oil and gas client who got sued by a mid-major oil producer for non-payment of an invoice that we clearly should not have had to pay. The case involved issues of contract interpretation, but our highly regarded attorney and her jury consultant decided that we would be best served by a jury of low intelligence. They thought that low-intelligence jurors would be sympathetic to a small company, even if they couldn’t understand the contractual language. We lost.

    When the attorneys talked to the jurors in the lobby after the case, one juror said that she had tried to convince the other jurors that our interpretation of the contract was correct but that they couldn’t understand it. They had felt that if they had to pay their bills that we should pay our bill, so they voted against us. For low-intelligence jurors, it was that simple.

    I think that a smart jury would have understood the contractual interpretation and agreed with us. I’ve been really disillusioned with the legal system after that case.

    I’ve been told by trial attorneys that jury selection is critical 

    • #62
  3. Quietpi Member
    Quietpi
    @Quietpi

    Southern Pessimist (View Comment):
    I did not want to get out of jury duty but the system determined that I was overqualified. I was actually capable of understanding the issues involved.

    This brings up an interesting (to me) question I’ve asked several of my attorney – clients, and never received what I consider an adequate answer.  I’ve testified “a few times” in my cases, and been qualified as an expert in several fields (Kelly-Frye).  My knowledge and experience in these fields is virtually certain to exceed that which will be presented at trial.  

    The answers I’ve gotten basically come down to you don’t have to check your knowledge at the door.  But, say, in deliberations, my views could well amount to testimony for one side or the other.  Should I keep my mouth shut, and let the other jurors accept a lie?  

    This is really rhetorical, since I’ll never be permitted on a jury in a criminal case, and these fields are unlikely to enter into a civil case.  Still I wonder.  

    I do have a particular criminal case in mind.  I was pre-qualified as an expert, but the prosecution expert was an idiot, to be kind.  His testimony and opinion were so wrong that they favored the defendant.  So I filled in the defense attorney over lunch, and went home.  

    • #63
  4. Painter Jean Moderator
    Painter Jean
    @PainterJean

    Steve Fast (View Comment):

    kedavis (View Comment):

    Steve Fast (View Comment):

    I had a small oil and gas client who got sued by a mid-major oil producer for non-payment of an invoice that we clearly should not have had to pay. The case involved issues of contract interpretation, but our highly regarded attorney and her jury consultant decided that we would be best served by a jury of low intelligence. They thought that low-intelligence jurors would be sympathetic to a small company, even if they couldn’t understand the contractual language. We lost.

    When the attorneys talked to the jurors in the lobby after the case, one juror said that she had tried to convince the other jurors that our interpretation of the contract was correct but that they couldn’t understand it. They had felt that if they had to pay their bills that we should pay our bill, so they voted against us. For low-intelligence jurors, it was that simple.

    I think that a smart jury would have understood the contractual interpretation and agreed with us. I’ve been really disillusioned with the legal system after that case.

    Shoulda gotten the judgement paid by the lawyer’s malpractice insurance.

    My client had no assets left by the time the verdict was rendered, having made a series of bad oil and gas investments. The large oil company then spent several months combing through my client’s financials trying to find assets that they could seize. I got deposed on the details of my client’s financial statements and assets. After spending an inordinate sum on accountants and lawyers, they realized that we had nothing. Thankfully I got paid, but our attorney and her jury consultant got stiffed for over $100K in legal bills. I think my client only fought the case out of a sense of pride since they had nothing to lose. I was the only one involved who didn’t lose financially.

    That is such a discouraging story….

    • #64
  5. kedavis Coolidge
    kedavis
    @kedavis

    Painter Jean (View Comment):

    Steve Fast (View Comment):

    kedavis (View Comment):

    Steve Fast (View Comment):

    I had a small oil and gas client who got sued by a mid-major oil producer for non-payment of an invoice that we clearly should not have had to pay. The case involved issues of contract interpretation, but our highly regarded attorney and her jury consultant decided that we would be best served by a jury of low intelligence. They thought that low-intelligence jurors would be sympathetic to a small company, even if they couldn’t understand the contractual language. We lost.

    When the attorneys talked to the jurors in the lobby after the case, one juror said that she had tried to convince the other jurors that our interpretation of the contract was correct but that they couldn’t understand it. They had felt that if they had to pay their bills that we should pay our bill, so they voted against us. For low-intelligence jurors, it was that simple.

    I think that a smart jury would have understood the contractual interpretation and agreed with us. I’ve been really disillusioned with the legal system after that case.

    Shoulda gotten the judgement paid by the lawyer’s malpractice insurance.

    My client had no assets left by the time the verdict was rendered, having made a series of bad oil and gas investments. The large oil company then spent several months combing through my client’s financials trying to find assets that they could seize. I got deposed on the details of my client’s financial statements and assets. After spending an inordinate sum on accountants and lawyers, they realized that we had nothing. Thankfully I got paid, but our attorney and her jury consultant got stiffed for over $100K in legal bills. I think my client only fought the case out of a sense of pride since they had nothing to lose. I was the only one involved who didn’t lose financially.

    That is such a discouraging story….

    Yes it is, but in a way the outcome didn’t matter in this case.  He couldn’t have paid the amount, and his company went under because of other mistakes he made.  Best part, I think, is that the attorney and jury consultant who screwed up, didn’t get paid for losing.

    • #65
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