Bar Bulletin

Bar Bulletin

Scarcity and the Un-Rung Bell

April 2019 Bar Bulletin

By Daniel W. Dugan

“... the jury will disregard that last answer ...”

“... I’ll instruct the jury on that at the end of the case ...”

“... you can’t un-ring the bell ...”

One side is cursing under their poker face, trying not to let the jury see. The other side is beaming under their poker face, trying not to let the jury see. The jury is saying “What?” under their perplexed face, not caring who sees. BUT, the jurors’ brains are now basking in the glow of this episode of the scarcity principle.

Now you have the perplexed face.

We have a tendency to want something...

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