Sunday, September 23, 2007

 

Thoughts on the Current State of the Law

I'm a trial lawyer of about 24 years experience, with about 125 jury trials. When I first was a lawyer I heard the jokes about how dumb juries were, but for a long time there I was pretty impressed. It was difficult to pull the wool over their eyes. Then there were a series of California jury trial results and all my respect collapsed. Good to see it's not just me. Here's a funny bit from Burt Prelutsky about why Dan Rather has brought such a pitiful lawsuit.

The second person is Phil Spector. Or, rather, it’s his jury. I mean, could it just be a coincidence that Rather announced his lawsuit the very day after Spector’s jury announced that, basically, seven of them believed that Lana Clarkson went to Phil Spector’s house for the first time, somehow figured out where he kept his gun, and then sat down in the foyer and shot herself?! O.J.’s jury could only sit home, shaking their heads in stunned admiration.
So, I can see how Rather may have decided that if he can somehow get his case heard in Los Angeles, he just might win his case in a cakewalk.

(Emphasis added).

I try to avoid jury trial if I possibly can now. We rely on citizens with good analytical skills and common sense for our juries, and they are getting increasingly hard to find.

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