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How Will the Economic Downturn Affect Juries in the Commonwealth?

The national economic downturn is plainly affecting the court system, just as it has hit every other aspect of life in America. As Massachusetts Supreme Judicial Court Chief Justice Margaret H. Marshall told members of the American Bar Association at a recent meeting, "our state courts are in crisis."

People called for jury duty may also be facing personal economic crises. Jury duty can be a burden, and in tough economic times, all the more so. Will this affect jury awards in the coming months, and if so, how?

One possible consequence of tough economic times is less diversity on jury panels. In a decision last fall, the Sixth Circuit vacated a criminal conviction and ordered a new trial, where African Americans were underrepresented in the jury pool. The evidence showed that the court excused jurors from service due to child care concerns, lack of transportation and the inability to take time from work. These issues disproportionately impacted the African American jurors.

The Sixth Circuit ordered a new trial, but it is hard to see how a court system can force people to serve on jury panels if they do not have child care arrangements or could suffer serious financial hardship as a result. Filling the box with people who are so distracted by their personal problems that they cannot give the evidence their full attention does a disservice to everyone involved.

Trap for the Unwary:
Inadvertent Exposure to Award of Attorneys' Fees

Did you know that...

If you are arbitrating a case under the AAA (American Arbitration Association) Commercial Arbitration Rules, and all parties include a request for attorney's fees in their prayer for relief, the arbitrator has the power to award fees, even if there is no other basis for such an award? Look at R-43(d)(ii).

OCM is pleased to announce that it is now offering alternative billing arrangements to its litigation clients. In appropriate engagements, clients may elect to pay a fixed monthly retainer, calculated to reduce and make predictable their monthly legal bills, with a success fee upon conclusion of the matter. Each arrangement will be specifically tailored to fit your particular situation. Please call for details.