Jackson & Wilson's...

California Trial Lawyer Blog

Catastrophic Injury, Wrongful Death and Business Litigation Blog

Judges- Don't Place Artificial Time Limits on Voir Dire and Opening Statements...

Thomas Jefferson once wrote in a letter that trial by jury is "the only anchor ever yet imagined by man by which a government can be held to the principles of its constitution...."

Powerful words that define the balance of powers in this country.  An important equalizing concept that for the past 30 years, some judges have allowed to erode away because of congested courtrooms and fiscal concerns.

Well, I'm tired of judges who artificially place time limits on voir dire and opening statements.  I'm also fed up with judges telling counsel before a trial starts how many days the court is going to "allow" for jury trial.

If you're a trial lawyer, you need to feel the same way.  If you haven't already taken action, then you need to start doing something about it right away!

Isn't the point of our justice system to get to the truth?  A tool or process intended to be equally available to all of us whether we're rich or poor, black or white, brown or purple or, a combination thereof?

For many, trial by jury is someone's last chance and opportunity to right a wrong?  A civilized way to level the playing field allowing a single citizen to hold another person, corporation or government accountable for their wrongs.

As trial lawyers, we need to let judges know that our clients have been harmed and have been forced to endure years of time and expense and, in many cases, a great deal of stress and sacrifice, to finally get their day in court.  Judges need to be reminded that there is nothing wrong with lawyers conducting voir dire at a pace that the lawyer feels is necessary and proper, under the law and rules of court, so that a fair and impartial jury can be impaneled in your case.

When a judge tells you he will only allow two hours to conduct voir dire, you need to ask that judge, on the record, what goal is being achieve by artificially limiting the time for voir dire?  Who's best interest is being served?  How is this fair to your client who has waited years to have his case finally go to trial before a jury of his peers?

Lawyers should also be allowed to spend as much time as they feel they need to give their opening statement to the jury.  In my opinion, randomly limiting a lawyer's opening statement to 30 or 45 minutes is tantamount to a judge standing up and shouting out to the world, "I don't care what this case is about, how many witnesses will be called or, how important it is to the parties or society as a whole".  Explain to me any other reasonable interpretation of such a random order.

Look, crowded courts shouldn't diminish the civil, criminal and constitutional rights every individual is suppose to have in the United States of America.  The lack of public funds should not result in the rights of American citizens being minimized or otherwise stepped on inside the courtroom doors.

While it's true that a judge and jury can potentially have all of the power the law bestows, without all the facts and without a full and complete intelligent process, neither a judge or jury can deliver justice.  Because of this, when it comes to our legal rights and civil liberties, we all need to stand up and make sure the judges do their job and enforce the Constitution.

We also need to make sure that judges who are appointed or elected to the bench continue to place the rights of citizens ahead of the court's "schedule" or artificially self-imposed time restrictions to voir dire, opening statements and length of jury trials.

Original article found at www.TrialLawyerTips.com

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 2/7/2010 10:32 PM | Add Comment

California Consumer Attorneys- Watch This Video!

Important information for all California Consumers...


 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 2/4/2010 9:40 AM | Add Comment

Do Not Give Recorded Statements to Insurance Companies...

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/28/2010 10:24 PM | Add Comment

Don't Do the Asshole Dance with Opposing Counsel!

Don't Do the Asshole Dance with Opposing Counsel!

Today I took an incoming phone call from an attorney who turned out to be a real "tool".  A young, inexperienced lawyer fresh out of law school who, in some type of misguided effort, was trying make a “tough guy” initial impression.

It didn’t work.  Whether he ever figures it out or not, all he really did was guarantee that I am going to politely and thoroughly kick his butt at trial.  Period.  End of story.

Which got me to thinking...

[ to read the rest of this delightful article, visit our Trial Tips Blog at  http://bit.ly/asshole-dance ]

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/25/2010 3:00 AM | Add Comment

Six Things You Can Do To Avoid Being in an Accident...

Six Things You Can Do To Avoid Being in an Accident...


 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/22/2010 3:00 AM | Add Comment

What our Rotary Club is doing to help the Haiti earthquake victims

What our Rotary Club is doing to help the Haiti earthquake victims.  And if you haven’t done so already, an easy and great way for you to help too!

To help with relief efforts in Haiti, Monarch Beach Sunrise Rotary Club is going to support the established and on the ground “Shelter Box” program.  Together with District Governors and Rotarians from around the world, our club and members will be providing financial support for additional Shelter Boxes for delivery to Haiti.

What’s important to understand is the fact that Shelter Box Response Team members David Eby from Tennessee, Wayne Robinson of Georgia, and Mark Pearson from the UK are already “on the ground” in Haiti with the first shipment of Shelter Boxes.   Together with other “on the ground” Rotarians and volunteers, Shelter Boxes are being distributed to those in need right now!

It is noted that CNN has listed ShelterBox, a Global Rotary Club project, as one of the 20 Charities to help in the latest disaster with contributions.  An excellent CNN “Heroes” video about Shelter Box and it’s founder, Tom Henderson, can be found at http://bit.ly/5hOHq4   More info about the Shelter Box Program is at the web site: www.ShelterBox.org

To assist our club with providing as many boxes as possible ($1,000/box), please forward your contribution made payable to the “Monarch Beach Sunrise Rotary Club” and note “Shelter Box” with your donation.  For those of you who would rather make an online donation with a credit card, you can easily do so at www.ShelterBox.org

Thank you in advance for your “service above self”. 

Mitch Jackson
Co-Chair- International Committee
Monarch Beach Sunrise Rotary Club

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/21/2010 12:05 PM | Add Comment

How to Use Silence as a Weapon in the Court Room...

Emily Dickinson once said, “Saying nothing...sometimes says the most.”   Find out Wed morning how you can use silence as a weapon in the court room.  Visit  www.TrialLawyerTips.com


 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/12/2010 5:51 PM | Add Comment

The Big Secret to Being Successful in Trial... and in Life!

Our new blog post at TrialLawyerTips.com is getting excellent feedback.  We thought you might like to give it a read!

The Big Secret to Being Successful in Trial... and in Life!  Click http://bit.ly/8cClkV

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/12/2010 7:23 AM | Add Comment

Good Trial Attorneys are Careful When Selecting New Clients and Cases

Having the right client and case can will make the entire litigation process more meaningful and less stressful.  In this video, Mitch shares his thoughts about the relationship between client selection and case outcome.

For more trial tips, please visit our nationally read blog at www.TrialLawyerTips.com

class="MsoNormal">

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 1/11/2010 4:32 AM | Add Comment

Ask the lawyer your interviewing this question- "Will you be the attorney handling all aspects of my case?"

Many times the lawyer you meet is not the same attorney appearing in court and handling all the important details of your case.  We'll bet you didn't know that!  Learn more...

 del.icio.us  Stumbleupon  Technorati  Digg 

Posted by Mitch Jackson at 12/16/2009 3:12 AM | Add Comment
Older Entries
Copyright 2009. All rights reserved.