Legal Blame: How Jurors Think and Talk About Accidents.

Legal Blame: How Jurors Think and Talk About Accidents

Neal Feigenson American Psychological Association PO. Box 92984 Washington, DC20090-2984 392 pp., $49.95

If you are a trial lawyer who conferences cases with lawyers, drinks coffee with lawyers, or, like me, is married to a trial lawyer, then Legal Blame: How Jurors Think and Talk About Accidents is a must-read. If your jury verdicts are not what they used to be, Legal Blame is a must-read. Finally, if your same old arguments that used to render just results for your clients aren't working, part with a few bucks, spend a few hours, and read this book.

The author, Neal Feigenson, a law professor and student of the psychology of jurors' decision making in negligence cases, outlines the many psychological theories and legal issues involved in these cases. He also discusses the social-psychological theories of how jurors make their decisions. Feigenson draws on a plethora of research, which is detailed in the book's bibliography, to support his theories.

Legal Blame sheds light on how jurors view the typical arguments that we lawyers have been using in court for years. The author challenges conventional wisdom, giving readers alternative arguments and theories that he has gleaned from interviews with jurors and focus groups. He also gives readers some understanding of the biases jurors bring to jury service.

By way of illustration, we have been taught that jurors come to the courtroom with a bias against insurance companies. Many lawyers believe that jurors want to hold the tortfeasor responsible. Feigenson challenges these traditionally held beliefs. He notes that jurors feel good about their relationship with their insurance agents. Generally, jurors believe that agents and insurance companies are honest and properly compensate injured people. Feigenson notes that jurors often perceive plaintiffs as litigious individuals seeking excess compensation.

Legal Blame outlines what many of us already know--that jurors are skeptical of plaintiff attorneys and their clients--but it goes further, offering the psychological reasons for why jurors may hold this attitude. It is only through understanding the bias and where it comes from that we can overcome it with a successful trial strategy.

In addition, Legal Blame validates what many trial lawyers already know: that even though emotion and bias play a significant role in juror attitudes, jurors are told to make decisions based on facts without regard to emotion or bias. This, as substantiated in the book, is rarely accomplished.

Feigenson conducted studies that showed that jurors were significantly more emotionally involved with plaintiffs in accident cases where there was only one person who was blameworthy. This is information to keep in mind when deciding whether or not to add parties to a lawsuit. It is easier for jurors to focus on compensation when the liability focus is on one defendant.

While it is not a leisurely read, Legal Blame is a practical tool for every trial lawyer. Readers should not expect a how-to list or a quick solution for overcoming juror bias. They should expect insight into jurors' thinking and suggestions for overcoming biases.

Perhaps the book's most useful facet is the case outlines that are annotated with jurors' actual postverdict comments on various arguments. These offer trial lawyer readers insight into jurors' reactions to arguments that may be tailored to their own cases.

By analyzing closing arguments, interviewing jurors, and conducting mock deliberations, Feigenson has provided trial attorneys with an effective tool for improving verdicts in negligence cases.

Eva Marie Mancuso is the managing partner of Hamel, Waxler, Allen & Collins, Providence, Rhode Island.