Among the many objectives you
have during direct and cross examinations is that of asking the questions the
jurors would like to have answered. It’s easy to lose sight of the fact that
you and opposing counsel are the jurors’ only way to find out any and all
information.
Areas you or opposing counsel
do not explore remain forever unknown to the jurors. The more you explore areas to the jurors’
satisfaction, the less opposing counsel’s impact.
“Inquiring minds want to
know” is a good catch-phrase to borrow from the tabloids and keep in mind as
you plan your direct and cross of various witnesses. At some point in your
preparatory process, divorce yourself as much as you can from your primary role
of advocate, and sit mentally in the jury box.
Review your questions and how
you think the witnesses will answer. Ask yourself: “If I were I juror, what
else might I want to know about this issue? What’s left unanswered?” Enlist the
help of others, preferably non-lawyers, in this exercise, to help you figure
out how to make sure the jurors get as many as possible of their potential questions
answered.
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A Winning Tip Dr. Nelson
recently consulted on:
Congratulations
to Dan Hoven and Carlo Canty of Browning, Kaleczyc,
Berry & Hoven, P.C. (Helena, Montana) for their successful 12-0 Defense Verdict in a medical
malpractice case against a general surgeon alleging negligent injury of a vagal
nerve in a unnecessary Nissen fundoplication surgery causing disabling
gastrointestinal symptoms of bloating, pain, diarrhea and constipation, in
addition to negligent removal of a perfectly normal gall bladder. Plaintiff
sought approximately $2,225,000 in damages for loss of earning capacity, loss
of established course of life and pain and suffering.
