I have assisted attorneys in selecting juries since 1991. That’s a long time. I have been involved in hundreds of jury selections across the U.S.A., from Alaska to Florida. Never, until recently, have I witnessed a judge asking a large panel of potential jurors the following question: “Who wants to serve as a juror on this case?”. In every case except this one, the judges inquire about the potential jurors’ hardships, defined as something that would make it difficult or impossible to be a juror. Common hardships are: financial, including not being paid by one’s employer when someone is not

Well, here we are. It’s 2020. Lots of celebrations, talk about the new decade, and the roaring 20s. But, many of us think of it with the term “hindsight” attached, as in “hindsight is 20/20,” meaning that when looking backward, things that were once unclear become clear. Monday morning quarterbacking is related. If we see an outcome, sometimes we can see how, for better or worse, that outcome was reached. Hindsight is the opposite of foresight, which some people possess to greater degrees than others. Some people have tremendous foresight and can imagine, better than others, how things will turn

This post is prompted by a comment made by someone with whom we frequently work in our litigation consulting business. He remarked how he hoped clients would recognize the value of our work, and his work, and see it as an investment, not just another litigation expense or cost. As I explained to someone yesterday, someone who called to inquire about a “focus group,” I know the services we offer are expensive. There is no doubt about that, even though we know we are not as expensive as some of our competitors. (Nor are we as inexpensive as others. But