OTLA Trial Lawyer Fall 2020

20 Trial Lawyer • Fall 2020 Small Town Continued from p 19 you have and when in doubt, assume you have none. Leave the trophy car at home. Prepare for serious anti-lawsuit bias You are likely to identify a prospective juror with an above-average “I hate law- yers” and “I hate injury cases” mindset. Like all jurors, these folks need to watch the movie “Hot Coffee.” Some do not believe a person should receive damages for “pain and suffering.” Judges are re- luctant to allow a challenge for cause following a “Rush Limbaugh rant” and will try to rehabilitate a prospective juror who goes off on greedy trial lawyers and lawsuit-happy plaintiffs. Consider ad- dressing the law on “for cause” chal- lenges in your trial brief. Have questions ready for these difficult folks that will help you marginalize them in the minds of the others. Life in a small town When you learn, as the out-of-town lawyer, that the jurors know each other, the judge, the local lawyers, the wit- nesses and the parties, it can be over- whelming. While the jurors bring sub- stantial knowledge of those involved to the case, they will be fair, even if it means finding against someone they know. It may be counterintuitive, but it is true because that is what happens every week in a small town. People must do things from time to time that are against the interests of those who are important in their lives. There is less anonymity in a small town. People are skilled at getting through this awkwardness because they have to be. Opposing counsel may be the small town lawyer who is well liked by the jury pool. He or she may cause you to have a legitimate concern about getting home- towned and may be doing all the things this article encourages you to do, only much better than you can. When this occurs, be as polite as possible to oppos- ing couns e l . Take the high road and dem- onstrate your respect for him or her. Show that you get along. It may defuse any ad- vantage of op- posing counsel and boost the credibility of your message. Some small town attorneys are well known to the jury pool and their repu- tations for de- livering enter- taining yet em- bellished state- ments and ar- guments follow them into the courtroom. Have fun with this type of attorney. Compliment the storytelling ability, but be the lawyer who delivers the truth. Keep money talk real I try to practice law according to the following rule: “The greater pig always loses.” Your idea of “real money” and a small town juror’s idea are unlikely to match. You better have the facts if your prayer is in the six figures or more. One huge tactical error I have seen attorneys make time and again in my counties is to put an unrealistically high ask in the summary of the pleadings. You can lose the case during jury selection if you aim too high with your prayer. Be careful. This is serious. You need to round table case value with local counsel before filing suit. Do not ask for $400,000 in non- economic damages in a case that should have been filed subject to mandatory arbitration. Conclusion Jury selection for a small town trial requires preparation that is best done with help from local counsel. You need to prepare with more in mind than the usual generalizations and stereotypes. You can search your online OTLA mem- bership directory by city to find members in any of the areas where you might have a future trial. I encourage you speak with the mem- bers in small town Oregon. We can help you with jury selection, case evaluation and trial strategy. We can give you space in our offices to store your trial materials and meet with clients and witnesses. We welcome the opportunity to help you succeed in our courthouses and have a good time with your family and staff in our neck of the woods. Steve Hill advocates for injured people and their families. He is the principal at Hill Law Office, 310 SE Second St., Ste. 200, Pendleton, OR 97801. Hill is a member of the OTLA Guardians of Civil Justice at the Guardians Club level. He can be reached at [email protected] or 541- 276-2911. Pendleton attorney Gene Hallman (l) with Hill at the Umatilla County Courthouse. Both attorneys are good resources for OTLA members from outside the area.