Jury Trials in a COVID-19 World

The Courts in which I practice are resuming jury trials and I have several scheduled in the near future. It is going to be fascinating to see how COVID-19 affects them. Will we be able to seat and keep a jury? How will physical distancing affect the conduct of the trial? Will it be easier or harder to keep a jury’s attention with masks, face shields, and the other accoutrements of a global pandemic? Perhaps, the jurors will be thrilled just to get out of their homes. On the other hand, some jurors may be justifiably concerned about their health and a bit distracted. I know that I will have to make adjustments to some of my usual jury trial routines to effectively communicated while wearing a mask. All of this will go into the calculus of handling a jury trial and the many strategic decisions that have to made, sometimes on the fly, to maximize the client’s chances of a successful outcome. I look forward to sharing my experiences in future blog entries.