I have never served on a jury,^[1] though, like many lawyers, I would welcome the experience.^[2] Serving on a jury no doubt provides valuable insights into the mindset of jurors, what goes on behind the scenes in deliberations, and how we, as lawyers, can better tailor our approach and craft our trial strategy.

But within the last few years, I’ve had the next best thing. Several friends have been selected to serve on local juries for different trials on different subject matters. I was curious to mine them all for any tangible observations and feedback that we can learn from their experiences and implement in our respective trial practices.

Here’s what I learned:

• Trial takes too long; stop repeating everything.
   
• The foreperson was often the one who took the most notes at trial.
   
• Many jurors felt that paying experts for their work is obvious, so cross-examination aimed at that wasn’t very effective.
   
• Jurors were very attuned to when lawyers were “disorganized,” with many comments about how “binders flopping everywhere, papers out of whack, and manic flipping through post-it flagged paperwork does not inspire much confidence that you have your act together.”
   
• In contrast, “attorneys who were prepared and had binders open at the correct page for their witness were really appreciated.”
   
• Use party names and not procedural titles like plaintiff or co-defendant.
   
• It feels disrespectful to call someone by name without using a title of “Dr.,” “Officer,” “Lt.,” etc. if a witness has earned that title.
   
• Jurors don’t like feeling that they are constantly being watched. And, often, “juror behavior and reaction in the courtroom didn’t necessarily correspond with feelings and attitudes behind the scenes.”
   
• Make objections judiciously.^[3] Jurors were “astounded” by the constant wasting of their time and lack of explanation for delays and could not comprehend the need for a sidebar for rote objections. (“I was expecting a very Hollywood ‘Objection your honor. Badgering the witness.’ ‘Sustained.’ The sidebar format of every objection seemed unnecessary.”).
   
• Stop repeating everything.
   
• You can never have too much roadmapping. Pre-orienting jurors (as much as the judge will allow you) to the causes of action, elements, and how damages and exhibits relate to each before the bulk of the evidence would be ideal.
   
• Visual aids are appreciated.
   
• A witness’s inability to give a direct answer is an answer and has an impact.
   
• Stop the “bullying,” being “overly dramatic,” and “grandstanding.” In sum, “limit the petty lawyer tactics.” Jurors frequently commented on—and found it distasteful—when lawyers were rude to each other, overly combative with a witness, made condescending facial expressions or rolled their eyes, or seemed to be shuffling papers or water bottles when someone else was speaking.
   
• Jurors are very much paying attention to what you wear and how you present and like a poised and professional appearance.
   
• La. Code Civ. Proc. art. 1794: “The court may allow the jury to take with them any object or writing received in evidence, except depositions and except as otherwise provided in the Louisiana Code of Evidence.” (emphasis added). Jurors were surprised and disappointed that they didn’t have automatic access to all exhibits and information displayed at trial, had to write notes to request specific information that they wanted to review based on their best recollection, and didn’t understand the delay in getting information back to them or why they were not provided with certain materials.
   
• With that in mind, be very clear throughout trial and in opening and closing with exhibit numbers for crucial exhibits.
   
• If you say you will have a few points or just a few questions, mean it.
   
• Have a witness candidly agree to uncomfortable but correct facts. Witnesses should not be combative or overly emotional. And they should be prepared and familiar with the facts of their own case.
   
• It’s useful to walk through the verdict form—including by displaying it visually—during closing to explain to the jury what it means and how they need to answer each question to achieve a verdict in your favor.
   
• Do everything you can to be respectful of jurors’ time…..and stop repeating everything.