I have an employment dispute case that polarizes opinion. I have discussed the matter with many colleagues and they each have a strong opinion about the correct outcome. My colleagues who represent employers think the employer should win. My colleagues who represent employees think the employee should win. I try to get each of them to see the other side of the issue. No dice. All people harbor biases and this case’s fact pattern seems to have exactly what is needed to expose them.
So what does this mean for a trial lawyer? Getting the right judge or selecting the right jury is the most important thing I can do in this case. There is only so much an attorney can do to get a case in front of a person with the bias that he wants. But it is important to try. The end game is to find the forum that feels like you’re preaching to the choir.