Jury Trial: Second Chair

Writing is therapeutic for me and I have not written a blogpost in a few weeks.  I apologize for the absence and appreciate your continued support.  I have been extremely busy during the last few weeks, and had not had the opportunity to collect my thoughts until tonight. 

The Wheels of Justice Turn Slowly

I began working on a case in early 2012.  I   never expected the case to proceed to a jury trial.  I figured it would settle at a mediated settlement conference, or shortly thereafter.  As a civil litigator, most of my cases are resolved in a settlement agreement.  There are times when I am able to argue motions before judges, but the majority of my cases are settled.  I do not know the exact date when mandatory mediation became the practice in North Carolina, but I think it was the mid 1990s.  Before North Carolina adopted this procedure, civil litigators were consistently taking cases to trial.  Now, things are a little bit different.

Mandatory Mediation

Before any civil superior court case (any case where damages are alleged in an amount over $10,000.00) can proceed to a jury trial, the parties involved must participate in a mandatory mediation.  A mediation is a proceeding whereby a neutral third party facilitates negotiations between adverse parties.  It is a very useful procedure that usually means the case will settle before proceeding to trial.  During the mediation, each side weighs the risks inherent in proceeding to trial and after careful consideration, the parties usually decide to settle.  This has been the reality I have faced during my short legal career, until now.

Trial Continued

The case I previously mentioned was originally set for trial in August 2013.  However, because of a conflict of interest with the trial judge, the case was continued.  After the continuation, I put the case out of my mind.  I just figured that I should not get my hopes up because I just knew it would settle.  As has been the case many times in my life, I was wrong.

Trial Preparation

Once I realized the case would be tried before a jury, I began feverishly researching issues, drafting pre-trial motions and participating in strategy meetings in preparation for trial.  It was at this point that I realized how a case actually comes together.  As a junior attorney, I often work with senior partners, and despite my best efforts, they seem to be a step or two ahead of me.  I realized at this point why that was the case.  They have the experience that I am gaining, so they see the case differently than I do.  It the equivalent of a good basketball player who is talented but inexperienced being defeated by a more seasoned basketball player (remember when Kobe played against MJ early in his career?)  If you know anything about basketball, it is clear that Kobe gained the necessary experience, and is now a first ballot hall-of-famer.  Experience is the best teacher. 

Competitive Nature

I am competitive by nature and I like to think that I am a pretty intelligent individual.  That said, trial work gives me an opportunity to match wits with much more seasoned attorneys. It is fun and I am thankful to be able to do something that I truly enjoy.  I will talk about the jury trial sometime in the near future.  

Peace