Litigation

Evidence: Lawyer Proof and Juror Proof

By Evan Schaeffer

Here's an interesting way to look at the evidence you present at trial: as either "lawyer proof" or "jury proof."

As authors Phillip H. Miller and Paul J. Scoptur write in their article, "Four Rules for Discovery," (Trial 3/10)--

There are two kinds of proof: lawyer proof and juror proof. Lawyer proof may get you past summary judgment, but juror proof is what gets you a verdict. Prediscovery focus groups can help you view the landscape of your case from the juror proof perspective.

The distinction is useful because it will force you to cut through the complicated legal thinking and view your case through the eyes of the jury.

Some evidence, of course, will fall into both categories. Neither category should be neglected. The value of juror proof is obvious. As for lawyer proof--that's important not only for summary judgment but also for appeal.

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Full post as published by The Illinois Trial Practice Blog on March 16, 2010 (boomark / email).