Last Friday, I finished a two-week stint as a juror in the U.S. District Court of the Northern District of Illinois. I'm know I'm overdue in finishing my probate mediation survey, but this seems like the appropriate time to discuss my jury duty, since it's still fresh in my mind. What did I learn? Five things, really:
1. Courts and attorneys take voir dire seriously. I knew that attorneys are allowed to serve on juries, and I certainly wasn't looking to shirk my civic duty, but my answers to questions during voir dire made it clear that I had a (very) tangential connection to the case at issue. Imagine my surprise at learning that all three of the law firms where I previously worked were somehow involved in the controversy at issue (which centered on Arthur Andersen LLP, Federal Insurance Company, and retirement benefit-related claims against Andersen brought by its retired partners).
Although none of my former employers were representing clients at the actual trial, I would occasionally see or hear references to attorneys I knew or at least knew of. Furthermore, the brother of a good friend of mine was a legal assistant for the defendants.
The judge and attorneys considered my relationships and kept me on the jury, which makes sense -- I certainly wasn't more likely to rule in favor of or against either party because of these relationships (which is what I told the judge and the attorney, and what I truly believe).
2. Follow-up is important. The case could be termed a "race to the bottom" in terms of competence (or lack thereof). The policyholder took its time in getting claims to its insurer, and even tried to settle some claims without its insurer's input. The policyholder's insurance broker and attorneys were essentially useless. And the insurer spent most of its time trying not to respond to the claims it had received.
One of the parties in particular suffered from a major case of "ball's in your court"-itis. In other words, if I want something off my desk, I ask you a small question, and then avoid following up with you (because an answer will mean that I have to put in more work). If there's one thing I've learned in my professional career, it's that you can't assume competence. If you ask a question and don't get a response, you have to ask again. And again. And again. Until you receive an answer.
3. Attorneys can make really bad witnesses. A number of attorneys took the stand, and mostly made themselves look like, well, attorneys. "Intentionally obtuse" is what I wrote next to the testimony of one attorney who testified. Every question posed to him by the other side was the dumbest question in the world, either because it was so simple to answer or because it was impossible to understand. Of course, when this attorney was questioned by his own side, he became a font of information, launching into extensive narratives. Juries see this kind of BS for what it is: an attempt to avoid answering questions truthfully through the use of semantics.
4. "Mediating" a jury deliberation is hard work. After I was nominated to act as foreman of the jury, I told my fellow jurors that I would be happy to act on one condition: they needed to see me as a mediator, helping the 8 of us to reach agreement on the verdicts we had to render, and not as an attorney who can dispense legal advice or information. Unfortunately, jury deliberation is different from mediation in one major aspect: I was also being asked to cast a vote. As a result, I had to walk a thin line between expressing my own opinion and helping the jury as a whole reach a unanimous verdict.
5. Federal Judges Have Very Hard Jobs. Judge Amy St. Eve presided over the trial. Those of you who follow the news may know that Judge St. Eve spent Friday morning in an extremely well-publicized and controversial hearing (discussed here, among other places). Friday morning was also when our jury reached its final verdicts (after about two days of deliberation). I can't imagine having to handle a hearing on an alleged terrorist while also dealing with the parties (and jurors) in an insurance dispute. I have to say that Judge St. Eve was never anything but courteous to us -- she even took the time to meet with us after the case was finished, to thank us for our service.
