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Practice Tip: Protecting Your Verdict
Imagine this: For six weeks of testimony, you battled against your adversary. The plaintiff was initially sympathetic, but your cross-examination exposed a more nuanced story and reinforced the defense themes. The plaintiff's expert was competent, but you showed the jury the holes in his science and assumptions. Even though it was a six-week trial, it only takes two hours for the jury to reach a verdict. You are cautiously optimistic.
Back in the courtroom, the jury re-enters the box for what they believe is the final time. The judge asks the jury foreperson to read the verdict: “We, the jury, find in favor of the defendant.” You are ecstatic. Then, this happens:
Your adversary asks the judge to poll the jury. The first three jurors successively affirm the verdict in your client's favor. When the court asks the fourth juror whether he agrees with the verdict, he stumbles: “Well, uh, I'm not sure I understand ' ” Alarm bells go off in your head. The clerk again asks Juror No. 4 whether or not he agrees with the veredict. First, he says, “ No,” then he says, “Yes.” As the clerk attempts to clarify the question, Juror No. 4 is audibly confused:
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