A potential cost of a trial – a shadow jury

Hundreds of posts on this blawg have to do with ways a law department can spend money, but the opportunities remaining appear to be endless. The latest expense that has come to my attention is a shadow jury. In Of Counsel, Nov. 2007 at 8, you learn that “A shadow jury is another means by which to attempt to gauge the impression of the actual jury and to adjust the defense presentation accordingly.”

The author points out that observers might spot the shadow jury, even if the members are disperse. They might make comments that confuse trial counsel and “their predictive and interpretive value is suspect.” What you can be absolutely sure of, however, is that a shadow jury costs a law department a pile of money.

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