Authored by: Honorable Jack M. Sabatino
Abstract
(Article is expanded from a Keynote Address to the Trial Attorneys of New Jersey (TANJ) at their June 12, 2025 Annual Dinner.)
It has been said that jury trials are a form of a civics lesson. Citizens who are chosen to serve on juries have a “front row seat” to the trial process.
As a trial attorney, you have a unique opportunity to impress the citizen-jurors who view the trial from those front row seats. You can impress those strangers in many ways: with your skill, your preparation, your insight, your advocacy, and your professionalism.
In summations you try to make sense of the mounds of evidence that have been presented during the trial: the testimony of lay and expert witnesses, the documents, the diagrams, the recordings, the photos, and other exhibits. You help the jurors remember and understand the critical aspects of what was presented to them over several (and sometimes many) days. You skillfully dispel juror confusion, ideally threading a coherent narrative of the facts based on the evidence. You display courtesy to everyone in the courtroom: the witnesses, the clients on both sides, the other lawyers, the judge, and the jurors. You exhibit patience in what can be stressful and tense moments. You present Act One of the production; the jurors take over in Act Two in their deliberations and in rendering a verdict.
Win or lose, you show grace and professionalism. You must do all of these things in front of a challenging audience. Most citizens are reluctant to sit on a jury. They come from all walks of life. They often are dismayed when they are selected. But once the trial is underway, they usually take their responsibility very seriously. And it’s up to you to win them over.