Time and time again, it comes up in focus groups – why aren’t they suing the doctor as well as the hospital? Why are they just suing the company but not the driver? These comments are most often followed by some version of “they’re going after the deep pockets. They’re after the big money.”

Attorneys often make the mistake in voir dire of failing to be honest with jurors. I often see attorneys try to hide bad facts or spend hours figuring out how to refer to the bad facts in a way that makes them seem okay.

Jurors made comments such as “evidence to us didn’t prove innocence” and the fact that the defendant didn’t testify was “bad,” seemingly indicating that the jurors disregarded instructions that the burden of proof is with the prosecution and that the defendant’s decision not to testify should not influence their verdict.