The trend in litigation over the past couple of years has been a reduction in jury awards and more defense verdicts.  How does this relate to the economy? Everyone is doing studies, and everyone has a different idea on the subject, but the fact of the matter is that something is going on.

Although it is evident than in tough economic times jurors will be loathe to award the astronomical amounts that have received all the attention in prior years, there is another facet of this trend that is sometimes overlooked.  Jurors are more sophisticated and are looking at the evidence more closely than they have historically.  Attribute it to CSI and similar programs, to our “sound-bite” society, or simply to media attention; whatever the reason, jurors are expecting more out of counsel and those who provide what they are looking for are going to get the desired verdict.

Focus group research has indicated that as a general rule in this economy, the following is true:

• 8 out 10 people think the economy is bad. 
• A person who is pessimistic about the future is less likely to award high damages to a plaintiff. 
• Older jurors are less pessimistic. Pessimistic and concerned jurors are frequently ineffective jurors and may be more critical of the plaintiff, accepting the stereotype of the plaintiff as a greedy person. 
• Jurors still judge the plaintiff more harshly than they do the defendant.
• Jurors who are most personally affected by the economy are least likely to volunteer this information. 
• Jurors are more willing to help someone who embodies social norms. 
• Jurors may not be receptive to arguments of future wage loss unless the person was horribly injured. 
• After exposure to headlines about corporate wrongdoing, jurors are more receptive to the idea that people do bad things in their own self-interest. 
• The recession causes jurors to look more closely at who caused what problem.
• Jurors are less likely to tag “deep pockets” with large verdicts just because they are deep pockets.
• Jurors want more specific and more reasonably presented demonstrative evidence.
• In complicated cases, jurors are looking more closely at evidence and making decisions they can feel good about.

Focus groups and mock trials have been around for years now, and have been implemented by both sides in an effort to determine what problems may be encountered at trial, what exhibits are most effective, which witnesses are a problem.  It is even more imperative in these tough economic times to have an edge.

The well prepared attorney, either plaintiff or defense, will have focused or mock tried his high dollar case in order to determine what works and does not work with today’s jury.  Surprises at trial are usually not pleasant.