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The Road Ahead : Trial Lawyers Facing The New Decade. 1861. 1957. 1995. Agenda. Jurors Judges Experts Technology. JURORS. Dangers Of Online Jurors Investigating Issues & Jurors Teaching Jurors. August 18, 2009. Judge Joel M. Goldberg.

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The Road Ahead:

Trial Lawyers Facing The New Decade





Agenda

  • Jurors

  • Judges

  • Experts

  • Technology


JURORS

  • Dangers Of Online Jurors

  • Investigating Issues & Jurors

  • Teaching Jurors


August 18, 2009

Judge Joel M. Goldberg

People v. Jamison, 2009 WL 2568740 (N.Y.Sup., 8/18/09)


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)


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


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


Jury Instructions

Proposed Model Jury Instructions

Judicial Conference Committee On Court Administration & Case Management


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


February 23, 2010

Judge Margaret L. Clancy

People v. Rios, 2010 WL 625221 (N.Y.Sup.), 26 Misc.3d 1225(A)


JURORS

  • Dangers Of Online Jurors

  • Investigating Issues & Jurors

  • Teaching Jurors


Rule 3.5

Model Rules of Professional Conduct


JURORS

  • Dangers Of Online Jurors

  • Investigating Jurors

  • Teaching 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


Agenda

  • Jurors

  • Judges

  • Experts

  • Technology


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 TECHNOLOGY

  • Phone conference, video conference

  • More economical to handle out of town cases


V. MORE DIVERSITY TECHNOLOGY



Agenda TECHNOLOGY

  • Jurors

  • Judges

  • Experts

  • Technology


Gen X-perts TECHNOLOGY

  • The “Expert” Juror

  • Daubert/Frye Trends

  • Impact of Social Media

  • The “Professional” Expert


Gen X-perts TECHNOLOGY

  • The “Expert” Juror

  • Daubert/Frye Trends

  • Impact of Social Media

  • The “Professional” Expert


Gen X-perts TECHNOLOGY

  • The “Expert” Juror

  • Daubert/Frye Trends

  • Impact of Social Media

  • The “Professional” Expert


Gen X-perts TECHNOLOGY

  • The “Expert” Juror

  • Daubert/Frye Trends

  • Impact of Social Media

  • The “Professional” Expert


Agenda TECHNOLOGY

  • Jurors

  • Judges

  • Experts

  • Technology


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