THE JURY was my biggest fear.

Leo Finucane, TLC '97 Grad. TLC List Serve, 6/12/2012

Folks,

A little debriefing from last week's trial because I get so much from it

when you do it.

I settled Linda's case after jury selection and a day of testimony from my

experts.

Linda, age 72, got hit by a car as a pedestrian in a store parking lot.

Linda's back was broken and she had to have fusion surgery.  The collision

was captured on the store's security cameras. The trial was about damages

only but we got to play the movie for the jury to show them the force of

impact.  It is a breathtaking little clip.  The hot issue during trial

would be whether Linda was experiencing recent falls from her spinal chord

injury or from a previously existing movement disorder.

But I am here to tell you about my friend, Warrior Steve Shultz and how

much he helped me.

Steve lives about 4 hours from me.  Three weeks ago, he came to visit with

me and Linda and we had a very nice TLC conversation with Linda together

at her house.  Then, he arrived the day before Jury Selection and we

psychodramaed the jury together the night before.  The goals were to

encourage honest exchange, not argue, empower the jurors, make them heroes

and join with them together in a quest for justice. Ah, yes: To be

reminded.  "Men are more in need of reminding than instruction."  - Samual

Johnson.  Steve reminded me of so many things.  The lesson here is the

benefit of TLC collaboration.

FYI, I do not live in a happy place to pick a jury.  They do not like

plaintiffs here.  I have learned this any number of times and have deep

scars to show for my schooling.

THE JURY was my biggest fear.

Jury selection is not recorded here and no judge presides over it.  Steve

came to jury selection with me. He sat there taking down what the venirmen

said on his laptop, so that if cause issues arose, we would have a record.

I can scarce say how much this measure inspired confidence in me.  So many

times, in past cases, when cause issues develop and we go back to see the

judge about them, the other side always has a different recollection of

the exchange and rehabilitation begins.  In 30 years doing jury selection

around here, except for the most blatant bias (think blood relative), I do

not recall winning a "cause" debate.

The battle-ground, as established the night before in psychodrama with

Steve, was a juror's mind simply closed to damages for pain and

suffering.  Never, ever eliminated a juror on those grounds.  Until last

week.  Even if prejudiced in the extreme about it, of course, on follow up

by court or counsel, they can always be "fair."  Sure you can.

I have never been more confident during Jury Selection than I was that

day. I felt myself having the same conversation with jurors I had had

during psychodrama the night before.  During breaks with Steve, we agreed

upon the folks that needed to be removed and when I resumed dialogue with

them, the grounds for "cause" dismissal unfolded in most amiable fashion.

It seemed even the most philosophically hostile candidates were in

agreement with me that they should not be on the jury, that their

participation would not serve justice and, like friends, provided us with

unassailable grounds to be removed.  The door was then slammed shut on

them, per Ball on Damages with:

Q:      You really won't be able to give Linda any money for pain and

suffering will you?

A:      No.

Q:      And nothing I say is going to change your mind, is it?

A:      No.

Q:      And nothing Mr. L says is going to change your mind, is it?

A:      No.  (smiling)

Q:      Not even anything the judge says is going to make you feel

differently about giving Linda money for her pain and suffering, is it?

A:      No.  (even bigger smile, maybe even laughing!)

How happy everyone seemed to be with this!!!!  TLC, Eric Oliver, Carl

Bettinger, Gerry Spence, Steve Shultz and all my TLC friends here in

regular discussion of trial topics helped me develop an environment in the

courtroom during jury selection that rewarded honest, candid exchange!

What an idea!!!

I counted 8 jurors being removed for cause without ANY push back from

defense counsel.  It would have been a waste of time and he knew it. At

the end of the day, he actually said: "I have never seen jurors talks so

much.  They usually don't say anything."  Thank you, TLC.

Consequently, I started trial in a the most confident manner.  Thanks to

Steve Shultz and you guys.

TLC inspires confidence.  The settlement reflects it.  There is no

replacement for confidence.  It allows us to work with our fears.

To quote David Smith:  "Thank God I'm a Warrior."

Leo