The Massachusetts Lawyers Weekly recently interviewed the jury consultant to the Casey Anthony murder trial and there are lessons for all.
In short, the consultant and her staff monitored 40,000 web sites, blogs and Face Book pages and offered certain comments to “test” how the public would respond. They took that real time data and shared it with lawyers defending Anthony who used it in their closing statements and to develop strategies on cross examination of witnesses.
Couldn’t you submit your dispute to the public for review and see what people say and think?
How different would it be from a jury? Less heavily “screened” than the Anthony jurors.
So what if you came to my law firm and told me a set of circumstances and I said to you lets put it out to the public and see what happens? We could introduce the litigants in some way that gives people some level of attachment to or recognition of — the boss that tormented you at work, and put it to a vote!
Sound outrageous!
Let’s face it that’s what your asking your lawyer as you contemplate starting a lawsuit. you want to know: “Can I win?”
And I might say: “How the hell do I know do I have a crystal ball!” (Only Kidding) But if you created “My Dispute” and sent out notices to people to review and you could even attach certain evidence and let people comment to see the reactions that they gave to your evidence.
Wouldn’t that help?
It helped Anthony and she was on trial for murdering her child!
It must work for employment disputes, divorces, contracts, juicy business battles…
The Boston Herald recently did a follow up article on the DeMoulas trial and at the top of the page there was a survey question about what the dispute means for Market Basket stores and the comments rolled in.
Random comments that would give you an instant objective view of how perfect strangers — that is what a jury consists of — might think of your case.
Amy Singer, the consultant hired by the Anthony defense team used the blogs to see what was on the prosecutors mind She said it was like having a “free shadow jury.” She goes to extreme measures to get to people who are against her client and then develop a strategy to move them towards her clients’ side.
In the Anthony case this was done in real time as people watched the trial unfold, they commented and people listened to them and fed the information to the lawyers!
Is this interactive, reality TV or what?
Is it legal? Fair?
So why not do this yourself? Let’s talk about it.
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Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but instead of that, this is wonderful blog. A fantastic read. I will definitely be back.