Thomson Rogers partner Sloan Mandel was quoted in a recent Law Times article “Personal injury lawyers continue to be frustrated by jury rules” by Mallory Hendry focusing on the changes to small claims court and the simplified procedure in effect Jan. 1, 2020.
In the article Sloan Mandel describes a common frustration of personal injury lawyers in not being able to educate juries on the inner workings of the insurance systems as “court-mandated juror ignorance.”
He goes on to discuss the changes to the rules and the issue with their assumption that the lawyer can predict, in advance, what case is worth $200,000 and which case is worth more.
A real-world problem is that a vast number of cases are worth more than $200,000 in front of a judge and less than $200,000 in front of a jury, because of these court-mandated restrictions on the jury’s understanding of the law.
Read the full article here.