OTLA Trial Lawyer Fall 2020

32 Trial Lawyer • Fall 2020 By Matthew Hass I magine regaining consciousness as you awake on the forest floor. Looking up through the canopy of trees at a darken- ing sky, you begin to realize you must have fallen from the hiking trail on the bluff above. As you check back into your body, you first notice the ringing in your ears and blurred vision, followed by the feeling of coldness. You start scanning from head to toe, and, while everything is a little sore, thankfully, nothing seems to be injured. As you come to your feet, you try to take a deep breath to replace the air knocked out by the 30-foot fall. Scan- ning the sheer rock bluff for any possible route back up to the trail, you’re forced to accept the harsh reality you will have to bushwhack back to the road. Seeing your smashed phone at the bottom of the cliff brings about the terrifying realiza- tion you’ll have to do it without your gear as you now recall taking your backpack off for that perfect sunset selfie. No problem, keep the bluff at your back, walk a straight line and intersect with the road in about a mile. After nearly an hour and a half of hard terrain, you see a clear- ing in the black skyline. It must be the road. Breaking through the dense vegeta- tion, you don’t see a path out but rather the same rock bluff. Each person’s cognitive bias How is it possible you’ve boomer- anged right back to where you started? How does this scenario happen to thou- sands of people each year? The answer lies with a seemingly small subconscious cognitive bias. This phenomenon happens when individuals are unaware of their own cognitive bias, which will repeatedly lead them to favor either their right or left side. This bias comes into play when individuals are presented with an ob- stacle along their path. When a tree is in the way, an individual will be presented with a binary choice to go either left or right. Whether that slight bias is to the right or the left, it will continue in a pat- tern that will ultimately determine the direction in which the individual is walk- ing. By merely becoming aware of this bias, the individual can choose to rotate between left and right steps. This knowl- Matthew Hass edge allows the individual to break free from a circular path and finally find a way out of the woods. Help from a consultant Jury consultants can help litigators become aware of these right and left bi- ases, which is essential to navigating in today’s politically turbulent times. Twelve randomly selected citizens repre- sent a microcosm of the electorate. A consultant can provide expertise through- out the legal process from case selection to post-verdict research. When considering working with a jury consultant on your next trial, it is essential to keep a few points in mind. A jury consultant can help you navigate these nuances but remember no jury consultant can help you select a “good” jury. However, a consultant should be able to keep you from ending up with a bad one. We define a “bad” juror as one with specific prejudices or cognitive bi- ases toward one side. Everyone has some bias, although not everyone is aware of their personal preferences, because, of- ten, many of them are subconscious. A competent jury consultant can help identify and weed out both conscious and unconscious biases, so unfair jurors may be struck from the jury pool, in- creasing the likelihood of a fair and just outcome for your client. Effectively Working With A Jury Consultant See Jury Consultant p 34