Bar Bulletin

Bar Bulletin

The Powerful Influence of Familiarity Blindness in the Jury Box

October 2021 Bar Bulletin

The cliché mock trial experience for many of our clients is the frustrating realization that mock jurors, for whatever reason, do not seem to care or talk about evidence the client thinks is critical. The client sees a chunk of evidence or a key fact as the defining issue in the case, yet the mock jurors speak very little about it in deliberations, if at all. It seems to have almost nothing to do with the reason for their decisions. Why does this happen? Why do jurors lose sight of important evidence or testimony? Why do lawyers misjudge what will ultimately matter to...

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