Yesterday was travel day.  Boston to a big Midwestern airport where I met two of our team–Don, one of the lead lawyers, and Mark who is Don’s right hand man.  And my partner when I work with the group.  I know they worked on their plane ride, but I slept during mine.  Lately every time I get on a plane I fall asleep before take-off.  Works well except when the pilot decides to announce our altitude and weather over the loudspeaker. I’d rather he just flew the damn thing.

The three of us then drove (my job) to another state to meet the second lead lawyer (Jim) at his house where right from the jump we sat around and created a new ‘to do’ list.  Wasn’t the first and won’t be the last.  In fact, it wasn’t even the last one of the day.  Two ‘to do’ lists after an entire day of travel was enough.  Dinner, motel, bourbon, and sleep.

We met at Jim’s office today to start working on the ‘to do’ list.  Mark and I were responsible for going through the jury pool questionnaires which this particular court allows the attorneys from both sides to have about six or seven days before the trial.  You can’t believe what a gift that is for a jury consultant and/or the attorneys.  Beats getting them twenty minutes before picking ’em.  We were also responsible for meeting our client to set up a prep schedule for the tough cross examination we expect–despite the reality that the case has nothing to do with her, but the behavior of the doctor who ignored her husband’s symptoms which led to his death.

That’s how it works.  If you don’t have a case, make the plaintiff look like shit and hope it sticks with the jury. Sad to say, it succeeds more than I’d like to imagine.

But first the jury pool.  Mark and I spent the entire morning sorting each individual into three piles–like, maybe, don’t like.  Although the information on the questionnaire was minimal, we cross-referenced the little we had with a juror profile that we wanted.  That profile had been developed over the past couple of weeks based upon who we thought might be willing to be objective and not automatically assume the doctor did right.  Like I mentioned in my last post, this is a very conservative county and most of the people here dislike lawsuits, especially against doctors.

But it should be pretty obvious that jury selection ain’t a science–no matter what the book writing jury consultants say.  It’s about half a foot better than sticking a pin in The Racing Form to see who’ll win the third.  It jumps up another six inches after voir dire and six more after the lawyers meet with individual jurors at a sidebar with the judge. Problem is, jury consultants are rarely, if ever, allowed to join in those conferences.

But it is what it is and Mark and I were at least able to give the lawyers ideas and information with which they could work.

While we poured over the jury pool, our lead lawyers were in another room.  Don was totally engrossed in writing his examination of the doctor and Jim was bouncing between the voir dire questions and dealing with settlement offers from the defense.  Although nothing has been decided both sides are within spitting difference.  All in all, a busy, tiring, productive day that included Mark and my meeting with the plaintiff to set up that prep schedule for the next three days.

Right now my attitude toward the defense is Toches ahfen tish! – Put up or shut up!! (Literally, asses on the table!)

More to come.