In Washington I am a member of a plaintiff association of trial lawyers initially called Washington State Trial Lawyers Association. Several years ago our organization changed its name to Washington State Association for Justice. This is because most of the people we represent do not end up in trial. What we do is:

Help Injured People. We represent injured people. I only take a case if I can get my client more of a recovery after my fees are paid than they would receive without my involvement. I take cases on a contingency fee meaning my client pays me nothing to represent them unless I recover in the case. In the end I help an injured person because without my involvement as a trial lawyer the insurance company will not pay fair value.

We Stand for Justice. In our society when a person is injured through the negligence of another justice is obtained by way of a monetary recovery. As a trial lawyer I have the ability to get a fair recovery by way of a trial and standing for justice.

We Make Society Safer. In our society it often takes a financial message to get wrongdoers to correct their negligent conduct. As a trial lawyer I have the ability to demonstrate the wrong and the damages that flow from the wrong. This in turn leads the jury (the voice of the community) to inform the community we do not accept negligent conduct.

We Lobby for the Common Person. Insurance companies are wealthy powerful corporations with agendas to turn maximum profit for their shareholders. They pay millions of dollars every year in lobbying to place barriers on damages.  The common person who sustains injuries has no lobby to take on legislation proposed by insurance lobbies. National and state trial lawyer associations are the lobbies for the common person. Through my membership in these trial lawyer associations I support efforts to defeat agenda legislation sought by the insurance companies.

Obtain Justice. I only represent people who are injured through the negligence of another.  I stick to the truth. Telling the truth translates to success in negotiations and in trial as we all have a feel for the truth. Juries want the honest injured person to receive a fair recovery. They want to see society safer through their verdict. When the insurance company recognizes this without or with a trial and the case is complete, I have the satisfaction of getting  justice for my client and  benefiting the community.

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 At times in jury selection I am faced with overcoming a jury bias about frivolous lawsuits.

The problem with challenging the belief is that it will not succeed.  In the words of the great Washington State trial lawyer, Paul Luvera, “You can challenge people on their bias, their life experience, and their values, but it is a waste of time.” 

Conversely,  agreeing with the belief is disingenuous  as we know most lawsuits are not frivolous. Being disingenuous with the jury is false and sensed by the panel. 

When faced with a jury panel where members express the belief many lawsuits are without merit Howard Nations teaches “The Spielberg Method” which suspends the bias belief for the life of the trial.

 When I am faced with a juror or a group of jurors who are tort reform/frivolous lawsuit believers I copy Howard Nations and The Spielberg Method:

 First, I acknowledge the frivolous lawsuit tort reform bias. Not only do I acknowledge it I help justify it. “Mr. Jones I understand you are saying our legal system must ferret out bad lawsuits. You believe our legal system has no room for a frivolous lawsuit.”

Second. I link my case and my client with the bias. “Mr. Jones, Brad Barnes and I agree with you. A frivolous lawsuit clogs up the court and delays recovery for a legitimately injured person.”

Third, I then agree with the jurors to suspend the bias during the life of our trial.”Mr. Jones do you agree there are proper lawsuits with legitimately injured people?” “Can you agree if we demonstrate Brad Barnes has a proper lawsuit with a legitimate injury to provide justice as a juror in the form of fair compensation?”

Prove Legitimate Case. As with all cases, to succeed in The Spielberg method I must demonstrate a solid personal injury case from opening statement through closing argument. I show my client is a straightforward honest person with permanent injury. No overstatement, no gilding. I prove injury and damages to a decent person who is legitimately injured. This is done in a simple common sense way so the picture is clear with no confusion.

Closing and Frame of Reference. During closing argument I return to the mutual promises. In jury selection I promised to demonstrate a proper lawsuit and a legitimately injured person. Remember we discussed there are proper lawsuits that deserve compensation. I remind the jury they agreed to provide justice in the form of reasonable compensation for a proper lawsuit. Here we have a proper lawsuit and you now have the job to recognize it and distinguish it from a bad lawsuit by providing fair compensation.

Although the bias is this still there it has been suspended during the trial. In fact  the bias has been reinforced as the jurors now have recognized there is a frame of reference from which to distinguish the bad from the good. “Fortunately, you are jurors on a legitimate lawsuit and your verdict will  show that in our community a legitimately injured person receives fair compensation.”

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