The Road Ahead : Trial Lawyers Facing The New Decade

1. The Road Ahead: Trial Lawyers Facing The New Decade

2. 1861

3. 1957

4. 1995

6. Agenda • Jurors • Judges • Experts • Technology

7. JURORS • Dangers Of Online Jurors • Investigating Issues & Jurors • Teaching Jurors

8. August 18, 2009 Judge Joel M. Goldberg People v. Jamison, 2009 WL 2568740 (N.Y.Sup., 8/18/09)

9. 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)

10. 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

11. 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…” Memorandum From Judge Julie A. Robinson Chair, Judicial Conference Committee On Court Administration & Case Management

12. Jury Instructions Proposed Model Jury Instructions Judicial Conference Committee On Court Administration & Case Management

13. January 1, 2010 “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.” Courts Crack Down On Jurors’ Online Activity Deseret News, Published March 6, 2010, 9:35 MST

14. February 23, 2010 Judge Margaret L. Clancy People v. Rios, 2010 WL 625221 (N.Y.Sup.), 26 Misc.3d 1225(A)

15. JURORS • Dangers Of Online Jurors • Investigating Issues & Jurors • Teaching Jurors

21. Rule 3.5 Model Rules of Professional Conduct

22. JURORS • Dangers Of Online Jurors • Investigating Jurors • Teaching Jurors

23. 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

27. Agenda • Jurors • Judges • Experts • Technology

28. New Decade, New Judges: What Trial Lawyers Can Expect from the Judiciary

30. 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

31. 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

32. 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

33. IV. LESS PERSONAL ACCESS TO JUDGES • Phone conference, video conference • More economical to handle out of town cases

34. V. MORE DIVERSITY

35. VI. INCREASE IN CAMPAIGN CONTRIBUTIONS

36. Agenda • Jurors • Judges • Experts • Technology

37. Gen X-perts • The “Expert” Juror • Daubert/Frye Trends • Impact of Social Media • The “Professional” Expert

40. Gen X-perts • The “Expert” Juror • Daubert/Frye Trends • Impact of Social Media • The “Professional” Expert

43. Gen X-perts • The “Expert” Juror • Daubert/Frye Trends • Impact of Social Media • The “Professional” Expert

45. Gen X-perts • The “Expert” Juror • Daubert/Frye Trends • Impact of Social Media • The “Professional” Expert

48. Agenda • Jurors • Judges • Experts • Technology