• Call us for FREE case evaluation!
  • (443) 275-6345
  • info@dubolawfirm.com
Dubo Law logoDubo Law logoDubo Law logoDubo Law logo
  • SERVICES
    • Car Accident
    • Birth Injury
    • Pedestrian Accident
    • Motorcycle Accidents
    • Truck Accident
    • Wrongful Death
    • Slip and Fall
    • Medical Malpractice
    • Nursing Home Abuse
    • Dog Bites
  • ABOUT US
    • ATTORNEYS
      • Neil Dubovsky
      • Kelsey Shindle
    • Staff
    • Careers
  • RESOURCES
    • FAQ
    • Maryland Case Search
    • Contributory Negligence in Maryland
    • Pursuing a Personal Injury Claim in Maryland
    • Wrongful Death Claims in Maryland
    • Uninsured / Underinsured Motorist Coverage in Maryland
    • Pedestrian Accidents in Maryland
    • Maryland Personal Injury Protection (PIP)
    • Pain & Suffering Damages in Maryland
    • Premises Liability Claims in Maryland
    • Professional Negligence Claims in Maryland
    • Government Tort Claims Lawsuits
  • BLOG
  • TESTIMONIALS
  • CONTACT
    • Disclaimer
personal injury lawyers maryland
Thank You to Our Clients
April 8, 2021
Dubo Law Maryland
Know Your Venue!
April 19, 2021
April 14, 2021
Categories
  • News
  • Personal Injury
Tags
  • Dubo Law
  • Maryland personal injury attorney
maryland personal injury lawyers

Jury Trials and Human Psychology

Like many, I have been following the Derek Chauvin murder trial in Minnesota and have viewed the case with interest ever since the tragic death of George Floyd on May 25, 2020 – almost a year ago. Naturally, as an attorney who has handled many jury trials in his career, I have found myself focusing in on the legal aspects and specifically the testimony of the witnesses and whether I find them credible and believable. But what I have found most fascinating is that, when I listen and read what others are saying about the trial, a huge number of opinions diverge from mine on this point. That then leads to the obvious question: How can two people view the same evidence, listen to the same witnesses and come to completely opposite conclusions?

The truth is that this happens more often than not in the overwhelming majority of jury trials. I have lost count of the number of times I put a witness on the stand who I thought was the lynchpin of my case only to find out later that the jury did not assign as much weight to their testimony as I thought they would. On the other hand, there have been times where I have had clients and witnesses testify and thought they did very poorly only to discover that the jury had a very different perception of their testimony. In many instances, what attorneys may consider “poor” testimony is perceived by a jury as sympathetic which makes the witness more likeable and therefore more believable.

It is a powerful reminder that human nature and psychology is a huge part of any jury trial and that you simply cannot assume or infer that you know how six individuals will assess the information and arguments you place in front of them. In fact, whenever I have settlement conversations with a client, it is something that I always mention. The second you walk into a courtroom and present your case, there is a huge element of chance that determines the outcome. Testimony and evidence that may be credible and persuasive to one juror may be insignificant – or worse yet, detrimental – to another juror.

One specific case comes to mind. I represented a plaintiff in the Circuit Court for Baltimore City who claimed to have been struck by a car as a pedestrian. He was a very difficult client who was resistant to my attempts to properly prepare him prior to trial and then, from my perspective, did a terrible job testifying at trial. The opposing attorney did an excellent job cross-examining him and although I gave what I thought was a very good closing argument, I was convinced that not only had we lost the case, but it was likely to be my shortest jury deliberation ever. I could not have been more wrong. The jury not only found in favor of my client, but awarded significantly more damages than we could ever have anticipated. They had clearly found my client believable and persuasive even though I genuinely perceived it otherwise.

Every litigator has similar stories – it is certainly not unique to me. The reality is that nobody can truly predict what the outcome of any case is going to be because human nature impacts all of it and all human beings are different and perceive things differently. It sounds obvious, but it’s also something that many lawyers – and people in general – frequently overlook.

So as I continue to follow the Chauvin trial, I will remind myself that neither my opinion nor the opinion of any other commentator or analyst truly matters. The only thing that matters will be the opinions of those 12 jurors who will deliberate and render a decision once the case is over. We don’t know what they are thinking or how they are evaluating the evidence or how their individual life experiences inform their judgment and opinions. And this is an important lesson and reminder not just for trial lawyers like me, but for life in general.

Neil Dubovsky Baltimore Personal Injury Attorney

Author: Neil Dubovsky, founder and principal at Dubo Law, LLC

Neil Dubovsky graduated with Honors and magna cum laude from the University of Baltimore School of Law in 2002. He received the prestigious Faculty Award, which was awarded to the student who best “exhibited unusual qualities of scholarship, leadership, and service.” Neil also received an AV Preeminent rating from Martindale Hubbell – the highest rating possible. He is rated as one of the Top 100 Civil Trial Lawyers in Maryland by the National Trial Lawyers Association and selected to the 2022 Maryland Super Lawyers list. Neil is a husband and father of two beautiful girls.

Contact Us for Your Free Case Review!

Address
9515 Deereco Rd, Suite 704
Lutherville-Timonium, MD 21093

Phone
(443) 275-6345

Texting number
(443) 241-5331

Hours of Operation
Monday – Friday: 8:30 AM – 5:00 PM

COVID-19 Update
Your health and safety are important to us. Please be advised that we are open for business during COVID-19 quarantines. All consultations will be conducted either via video chat, phone, or email.

  • Antispam question

Sign up for our newsletter

"*" indicates required fields

Share
0

Related posts

how long do car accident settlements take
September 20, 2022

Average Car Accident Settlement Time


Read more
maryland statute of limitations personal injury
September 19, 2022

Statute of Limitations in Maryland for Personal Injury Claims


Read more
happy clients dubo law
June 30, 2022

Happy Clients In Law Practice


Read more

ABOUT DUBO LAW

Dubo Law LLC is a reputable Maryland Personal Injury Law Firm. Last 20 years, our personal injury lawyers provide legal assistance in case of a car accident, wrongful death, medical malpractice, and other personal injuries. Free consultations! Available 24/7.

PERSONAL INJURY PRACTICE

Car Accidents
Birth Injury
Medical Malpractice
Wrongful Death
Pedestrian Accidents
Motorcycle Accidents
Truck Accidents
Slip and Falls
Dog Bites

HOURS

Monday: 8:30am – 5:00pm
Tuesday: 8:30am – 5:00pm
Wednesday: 8:30am – 5:00pm
Thursday: 8:30am – 5:00pm
Friday: 8:30am – 5:00pm
Saturday: Closed
Sunday: Closed

© 2023 Dubo Law. All Rights Reserved | 9515 Deereco Rd, Suite 704 Lutherville-Timonium, MD 21093 | (443) 275-6345 | Privacy Policy | OrganicSoft SEO