Defeating Runaway Verdicts: The Use of Technology In and Out of the Courtroom
Unfortunately, the epidemic of runaway verdicts has not slowed down and the number of verdicts has continued to rise since my last article. However, attorneys are not defenseless in preventing runaway verdicts.
May 19, 2023 at 09:53 AM
8 minute read
Board of ContributorsThis is the final article in a series of articles regarding runaway verdicts. Over the past few months, I have discussed various strategies defense attorneys must utilize to prevent runaway verdicts. That is verdicts, which are disproportionate or outrageous given the factual circumstances of a case. Unfortunately, the epidemic of runaway verdicts has not slowed down and the number of verdicts has continued to rise since my last article. However, attorneys are not defenseless in preventing runaway verdicts. There are various strategies defense attorneys can employ to prevent a runaway verdict such as those discussed in my previous articles:
- Taking accountability and giving the jury a specific and reasonable damages number;
- Developing and arguing reasonable numbers and theories relating to pain and suffering;
- Humanizing the corporate defendant and defeating the reptile theory; and
- Ensuring that your closing statements addresses all the points above so you can reach a fair and just verdict.
However, all of the advice above is all for nothing if he jury is not engaged and listening to what you are saying. While communication is key, the method and manner of how you communicate and deliver the message is as equally important. In this social media age where attention spans are waning, what technology do you bring to the courtroom to engage jurors? How do you keep jurors focused on the important issues? How do you meet there need to learn and understand in this visual age? This final article will discuss the use of technology and storytelling to prevent runaway verdicts.
The Importance of Technology in the Courtroom
The Florida bar, like many other state bars, requires that attorneys "keep abreast of changes in the law and its practice … including an understanding of the benefits and risks associated with the use of technology." One Florida court recently stated and cited to Rules Regulating the Florida Bar stating:
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