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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    David Lat‏Verified account @DavidLat Jul 27

    David Lat Retweeted Steven Finell

    When I served on a jury, I was one of four lawyers - and it wound up helping defense counsel, who had an unsavory client with a solid legal defense (which some might have viewed as a "technicality," but the lawyers totally got it).https://twitter.com/StevenFinell/status/1022904508781875201 …

    David Lat added,

    Steven Finell @StevenFinell
    Many trial lawyers believe that a lawyer juror is more likely than a lay juror to reach the correct result in a case and will persuade the lay jurors to reach the same result. Therefore, the lawyer with the weaker case will strike the lawyer from the panel. https://twitter.com/laurenclarkrad/status/1022854416385241090 …
    7:02 PM - 27 Jul 2018
    • 10 Retweets
    • 47 Likes
    • 戴维斯 FALA DC Jennifer Cobbe Janie Whitlock 👻 Clair 🎃 ⚢ ♈️ Daniel Krchnavek Jimmie Pinkham III Tracy M well loved stories
    12 replies 10 retweets 47 likes
      1. New conversation
      2. Eric B.‏ @EricfromClt Jul 27
        Replying to @DavidLat

        Would agree if you have a technical argument on jury instruction. One wouldn't mind having a lawyer or two. If you have an argument the cops planted it on me, probably not.....

        1 reply 0 retweets 1 like
      3. David Lat‏Verified account @DavidLat Jul 27
        Replying to @EricfromClt

        The former - we dutifully followed the jury instructions on the "agency defense" in a drug buy-and-bust prosecution - see the first graph of this article, which calls it a "judicial loophole" (closed by most jurisdictions, but not NY): https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2538&context=lawreview …

        0 replies 0 retweets 2 likes
      4. End of conversation
      1. Amy Salyzyn‏ @AmySalyzyn Jul 28
        Replying to @DavidLat

        May be of interest that, in Canada, legislation that deems lawyers (among other occupations) as ineligible to sit on juries. See, eg, section 3 of Ontario's Juries Act http://canlii.ca/t/532f2 

        0 replies 1 retweet 5 likes
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      1. New conversation
      2. Dean Clark‏ @earldean71 Jul 27
        Replying to @DavidLat

        For me it was less about the lawyer reaching the "correct" result than not wanting to try the case to just one juror since the lay jurors would naturally defer to the lawyer in the room and it ends up being a bench trial. With 4(!) lawyers that would be less of a concern.

        1 reply 0 retweets 4 likes
      3. Autarkh‏ @Autarkh Jul 27
        Replying to @earldean71 @DavidLat

        Right. And if the one lawyer happened to have an idiosyncratic view of the law, it could unduly influence the result while leaving less apellate recourse than if a judge committed an error of law in a bench trial.

        0 replies 0 retweets 1 like
      4. End of conversation
      1. Jim O'Rourke‏ @JimORourkeESQ Jul 28
        Replying to @DavidLat

        As a trial lawyer, I am disillusioned by the citizenry's ability to apply complex jury instructions to the facts presented. Think they mostly follow their "gut." Why would we expect well-meaning but legally uneducated people to understand things that are hard for attorneys?pic.twitter.com/FanKG1dKIY

        0 replies 0 retweets 3 likes
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      1. John Hamasaki‏ @HamasakiLaw Jul 28
        Replying to @DavidLat

        Prosecutors almost always kick lawyers, in my experience. I would assume for these reasons.

        0 replies 0 retweets 2 likes
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      1. Mike Smith‏ @nyyb4life Jul 27
        Replying to @DavidLat

        There are certainly cases, like yours, where lawyer jurors can help the defense. And they are always useful in helping a jury understand a case. Lawyers shouldn’t just automatically be stricken by defense counsel. It really depends on your case. And the lawyer.

        0 replies 0 retweets 1 like
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      1. PGQue  🇺🇸‏ @PGQue Jul 27
        Replying to @DavidLat

        I have never been selected. All those lawyers didn't want this (recovering) lawyer.

        0 replies 0 retweets 1 like
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      1. Neil‏ @NPSusa Jul 27
        Replying to @DavidLat

        I served almost two years on a Grand Jury. They system is weighted for almost 100% bills. Prosecutors dare not return with a 'no bill.' I saw prosecutors cut off questioning when it undermined the witness. I saw a politically engineered 'cleansing' of the Board of Elections.

        0 replies 0 retweets 1 like
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      1. New conversation
      2. (((Jesse Brown)))‏ @jesseblakebrown Jul 27
        Replying to @DavidLat

        I believe I was the only lawyer/juror on my Manhattan criminal case jury last year. I found myself judging the prosecution/defense attorneys more than the defendant himself...voted to acquit on two of three charges although I suspect defendant was probably guilty on all three.

        1 reply 0 retweets 1 like
      3. 1 more reply
      1. (((Str8Grandmother)))‏ @Str8Grandmother Jul 28
        Replying to @DavidLat

        I would be a terrible juror. I have a hard time discerning lies.

        0 replies 0 retweets 0 likes
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      1. The Cranky Lawyer  😠‏ @eleebeck Jul 27
        Replying to @DavidLat

        Was this a civil or criminal case, David?

        0 replies 0 retweets 0 likes
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