strong enough to spring a rigid steel frame, they were more receptive to the claim of a neck surgery being necessitated by such an impact. Dirty fingernails experts are more af- fordable, more accessible, and, in the right case, better received by a jury. Imagine the cross-examination: “Well, no, I’ve never testified for any- one before. I just fix cars. Compensation? Oh, yeah, Ms. Vin- dicate is paying me my $35/hour shop rate for the time I spent.” Cau- tion: Such an expert will need more patient trial preparation and handholding.
11. Tell the jury what you want. The hard numbers are easy. If you leave the intangibles for them to guess, you may not like the guess. If you are embarrassed to ask for the number you have in mind, it is too high. It has been my observation that success- ful lawyers ask for a non-economic
damage award about a third higher than they think a receptive jury is likely to award. Most juries will as- sume you have built some slack into it and discount the number. But if your number is completely out of line, the jury will eat your lunch. Treat the jury deferentially. Let them know that it is their province to as- sess the damages. You are not here to usurp that function, but there is nothing wrong with telling them that you think they are entitled to two opinions to assist them, yours and defense counsel’s. Why not leave a column on the chart for your opponent’s suggested numbers? Your opponent is more likely to turn the page over rather than establish a floor by putting any number up. Your re- buttal can express honest disappointment that the jury has been deprived of the second opinion, which may make yours look all the more fair.
12. Read jury data. Before jury selec- tion, get the code [I SUGGEST EXPLAINING WHAT THE CODE IS - NOT ENTIRELY CLEAR ] to the juror lists. Know which jurors came from the voter rolls, the Motor Vehicle Administration rolls, which have been previously deferred, etc. When it’s all over, read the juror sur- veys. Many counties provide them and many jurors fill them out. Ask the Jury Commissioner to see them. Anonymous surveys are sometimes more candid than face-to-face con- versations. Find out what the jurors said about you and your opponent, but take it with a grain of salt.
In sum, if you try any or all of these suggestions, you may improve the odds, but there is still no guarantee of success. That would make it too easy, and we know you appreciate the challenge.
SPECIAL THANKS TO SPECIAL MEMBERS! Membership Year - 2005
Thanks to those new or renewing MTLA members who gave over-and-above their annual dues, either by becoming a Sustaining member or by making a special Legislative Contribution, options which appear on the annual dues invoice and on membership applications. Sustaining members pay twice their annual dues to help subsidize reduced rates for young lawyers and law students. Legislative Contributors help MTLA pay for expenses associated with political activities that are not direct campaign contributions to candidates.
Sustaining Members *indicates this member also made the Legislative Contribution
Peter G. Byrnes, Jr. Thomas J. Dolina Henry E. Dugan, Jr. E. David Hoskins*
Warren S. Alperstein Joseph C. Asensio Marc J. Atas Melanie J. Barney John F. Blevins Kristen A. Brinster Peter A. Chapin Jolie Deutschman David C. Driscoll, Jr. Neil J. Fagan Mary Ellen Flynn Stuart S. Greenfeig Cary J. Hansel
Fall 2005
William C. Hudson* Roy L. Mason Barry J. Nace*
Edward L. Norwind Legislative Contributors
E. David Hoskins William C. Hudson Michael J. Jacobs Ronald H. Jarashow Paul B. Klein Douglas C. Lauenstein Darren Margolis John C. Monahan Franklin J. Muher Terry A. Myers Barry J. Nace Joyce M. Notarius Patricia F. O’Connor
Trial Reporter
Arthur M. Rubenstein Daniel H. Scherr Arthur Schneider Samuel M. Shapiro Gary Siegel Stevan G. Simons Thomas G. Slater Douglas R. Stevens Jack R. Sturgill, Jr. William Turc, Sr. Richard F. Walsh Peter Ayers Wimbrow, III
Patricia F. O’Connor* Samuel K. Rensin Jason A. Shapiro
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