Our firm represents clients in the prosecution and defense of civil cases involving real estate, employment law, consumer fraud, collections, business law, corporate matters, personal injury and wrongful death, contracts, malpractice, managed health care, product liability, school law and many other practice areas.
We aggressively pursue settlement by negotiation &/or mediation at the earliest phase of a client's case, often before filing a lawsuit. However, not all cases can be resolved at the outset, and a few lawyers (and their clients) are unwilling to compromise before seeing "how far the other party will go." It is similar to the bully we might recall in school who often used intimidation to get his/her way.
We generally only accept cases in which our clients are emotionally and financially prepared to go to trial, to avoid a client being discouraged by protracted litigation or exploited by an unreasonable or harrying opposing party or lawyer. At Spital and Associates, after we file a lawsuit and throughout the case, we continue to pursue settlement &/or mediation. We believe it is beneficial to all parties to resolve a dispute outside of the courthouse rather than let a judge or jury decide who (they believe) should prevail. Moreover, at each phase of the litigation, we are mindful that the more money each party spends in litigation, the less inclined they are to settle and the more entrenched they are in their position. Nonetheless, we have a team of lawyers prepared to take a case to trial or verdict should our client be understandably and monetarily ready.
JURY TRIALS
Does a Judge's "Nonverbal" Behavior Affect jurors?
If anyone recalls the criminal trial involving "OJ Simpson" they probably remember the nonverbal actions of the trial judge. Because trial judges are human beings too, they exhibit nonverbal behavior as everyone else. In some cases, judges may be highly nonverbal, while other judges exhibit minimal levels of nonverbal behavior. This behavior or involvement can also affect jurors as it may be seen as a form of "bias" or a nonverbal "opinion" regarding a witness, a piece of evidence or the case itself.
Studies have shown jurors are often acutely aware of nonverbal cues from judges, particularly negative behaviors. This is because jurors often look for signals to corroborate their own suspicions or beliefs. In fact, jurors have expressed negative comments about judges that display minimal nonverbal involvement.
Does the Racial Composition of a Jury Affect the Outcome?
As a society, we believe racial diversity on juries is desirable because a jury should represent society as a whole (since society is not made up of only one race, but is a homogenous group of people of different races, a jury should replicate the composition of society). In this manner, a jury can offer the perspective of a minority group member. As a member of society (and a jury), one should consider many factors, one of which is the perspective of others in their decision making.
There have been many studies of racially diverse juries, and these studies have established patterns in the way people of different races view the parties (plaintiff and defendant) in a case. These studies also show that jurors exposed to a racially mixed panel are often influenced by their racially mixed members. For example, White jurors on racially mixed juries have been found to be more lenient to a Black defendant than those on all-White juries.
In conclusion, racial diversity of juries does indeed affect jury verdicts.
Does the Gender of an Expert Witness Affect Their Credibility?
An "expert witness" is a witness, who by virtue of education, profession, publication or experience, is believed to have special knowledge of a subject beyond that of the average lay person, sufficient that others may legally rely upon their opinion.
In a study conducted a few years ago, it was found that male and female experts were equally effective. The research concluded that jurors did not allow their perception of who (male vs. female) is the ideal gender dictate how they interpreted the opinion of the expert. In a more recent study involving highly complex evidence, the researchers discovered that male experts were judged more believable than female experts.
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Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.
Consumer and Business Law - Civil Litigation - Criminal Law - DUI - Education Law - Employee Harassment - Employment Law - Personal Injury and Damages - Product Liability Law - Settlement & Litigation.