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Bar News - November 17, 2000 Dialogue with Former Jurors By: Dan Wise THE FORMER JUROR, a mother of five, responded animatedly when asked her reaction to over-aggressive tactics she'd witnessed during a recent federal district court trial. "We are giving up our time to be [jurors]. Act like a grownup and do your job!" she told a roomful of lawyers at the NHBA CLE Federal Practice Institute program earlier this month. She then quickly apologized for "talking like a mother," and added, "All we want is the facts. It isn't necessary to be nasty or condescending with a witness." The good news is that the less-than-civil behavior she and another former juror were faulting was principally conducted by out-of-state attorneys. Both jurors, participating in the panel discussion on the perspectives of non-lawyers in sexual harassment and discrimination trials in federal court, said they enjoyed serving on juries and were impressed with the process. The program, one of several breakouts during the two-day Federal Practice Institute CLE, was organized and moderated by Concord attorney Eleanor MacLellan. Also participating in the panel were US District Court Judge Steven McAuliffe, a successful plaintiff in a sexual harassment suit filed against the NH Department of Corrections, and a defendant who won a favorable jury verdict. Predictably, the jurors urged the attorneys to: keep oral arguments brief (30 to 40 minutes "tops" for a closing argument), limit overly technical testimony, avoid badgering witnesses, vary formats for exhibits (i.e., use both PowerPoint and conventional poster-charts) and, especially in an opening argument, "make it clear what you are asking for." Following up on a juror's comment regarding openings, McAuliffe urged attorneys to tailor their argument to the jury instructions (the standard instructions are available on the court's Web site at www.nhd. uscourts.gov or from the Clerk's Office.) "My impression is that jurors pay careful attention to the instructions," McAuliffe said. "Try the case to fit the instructions." The jurors also expressed frustration about the lack of guidelines or information regarding what to include when computing damages. One juror said her jury had accounted for attorneys' fees in their award, unaware that they were not supposed to be included. Both former jurors agreed that sidebar conferences were distracting. "We kept wondering - what were they talking about, what did someone do wrong?" In their turn, however, it seems the jurors kept the lawyers guessing, too. Both former jurors had been allowed to take notes during the trial, and said they noticed the lawyers looking at them whenever they took notes. A lawyer from the audience responded: "They were wondering what you were writing down." Attorney David Garfunkel, also in the audience, quipped, "That's the jurors just getting back at the attorneys for all those sidebars." Most sessions of the Federal Practice Institute CLE were videotaped and are available from the NHBA CLE Department. |
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