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The Road Ahead : Trial Lawyers Facing The New Decade.

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Presentation on theme: "The Road Ahead : Trial Lawyers Facing The New Decade."— Presentation transcript:

1 The Road Ahead : Trial Lawyers Facing The New Decade

2 1861

3 1957

4 1995

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6 Jurors Judges Experts Technology Agenda

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

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

9 October 27, 2009 Jurors Post-Trial To Plaintiffs 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 (M.D., Ga. 11/2/09), 37 Media L. Rep. 2594

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

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

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

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

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

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21 Rule 3.5 Model Rules of Professional Conduct

22 Dangers Of Online Jurors Investigating Jurors Teaching Jurors 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

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27 Jurors Judges Experts Technology Agenda

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

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30 I.LESS TRIAL EXPERIENCE Increase in cases mediated Increase in cases settled Individuals seeking judgeships at earlier ages ALJs 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 Jurors Judges Experts Technology Agenda

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

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

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

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

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48 Jurors Judges Experts Technology Agenda


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