Northwestern Mutual denied a life insurance claim, alleging that the decedent, Desmond Staple, took his own life, voiding a $1,000,000 life insurance policy.  Mr. Staple was found unconscious in his car in the middle of the afternoon in a Walmart parking lot with strong doses of acetaminophen and aspirin in his blood stream.  While Northwestern Mutual denies the claim and alleges suicide, Vernard Adams, MD, the former Chief Medical Examiner of Hillsborough County for 21 years, concluded that Mr. Staple’s death was the result of an accident. 

The parties are now being asked to make their case and any defenses remotely, via Zoom.  Courts, counsel, and clients have had to quickly adapt to new rules and policies for conducting legal proceedings remotely. 

CBTG Leverages Technology for Litigation Success 

Ongoing spikes of COVID-19 cases mean trials will look and feel different for the foreseeable future.  CBTG has been studying how the use of Zoom affects jury selection, jury behavior, motion hearings, sidebar conferences, evidentiary proceedings, trial testimony, and how our adversaries act. 

There are technology tools that CBTG utilizes to help clients – insureds and personal injury victims – proceed with cases in-person or virtually.  CBTG will gladly explain these options for in-person and Zoom trials.  Call us at 813-258-4998. 

Practice Makes Perfect

CBTG has prepared, practiced, and participated in a number of remote jury trials with tremendous success.  Preparation for a virtual or hybrid trial differs from an in-person trial.  We have learned that we can achieve efficiencies without sacrificing the persuasiveness and toughness for which we are nationally recognized.   

Team CBTG is constantly evaluating the impact of technology on witness credibility; best practices for examining witnesses; employing data-heavy science, medicine, and structural engineering reports; and presenting powerful exhibit displays or compelling demonstrations. Practice makes perfect, and CBTG practices and tests the impact of remotely trying cases a lot. 

Zoom Justice 

Court hearings on Zoom during COVID-19 can be challenging if you have not conquered video conferencing.  Our litigators, jury consultants, and appellate lawyers know the opportunities that exist with remote trials while being mindful of security and confidentiality concerns. 

We have noticed some law firms improvise with the new technology and courtroom proceedings.  That isn’t CBTG’s style or methodology.  

CBTG’s goal is to always achieve highly favorable outcomes for our clients at trial; that’s why we’re a trial law firm.  With regularity, we try and win cases. 

In fact, there is a reason why CBTG has a state-of-the-art recording studio in Tampa, FL.  We have embraced technology with unparalleled success.  If you build it, they will come. 

Not many law firms work closely with technologists, technical support specialists, and engineers to understand best practices of how to use camera angles, connectivity, and audio and video equipment to maximize victories in a virtual courtroom.  We do. 

Resilient or Resistant? 

The legal profession is filled with a variety of people with a range of talents and abilities.  Some lawyers are excellent with technology, and some are slowly learning or remain totally resistant to change.  Being skilled with technology is an unbeatable advantage in a remote courtroom. 

As we navigate the pandemic, our law firm has rapidly evolved to ensure that we are able to effectively use technology.  We aggressively pursue each client’s rights and interests. 

The trial lawyers at CBTG are available to discuss these issues further.  We can answer your questions about remote court hearings and trials or any other questions you have regarding insurance disputes, property damage cases, and personal injury law in Florida.  Find out how our firsthand knowledge of the law and technology can significantly benefit you.  Telephone: 813-258-4998.  Email: service@corlessbarfield.com.

We continue to live in unprecedented times, and as we approach 2021, there remains important questions about how to continue to move forward against our client’s adversaries.  Technological advancements have allowed us as trial lawyers to continue conducting court business and seek maximum compensation for our personal injury and policyholder clients for all accident and property damage claims.

The reality is, many civil jury trials will continue to go virtual for the foreseeable future.  The Florida Supreme Court is trying it out in several places, including Miami and Orlando.  The judge, clerks, attorneys, and jurors all gather in a virtual courtroom, listening to testimony remotely.  Florida courts are exploring various options to keep their dockets running smoothly but big questions remain.

Some courts are moving towards the restoration of in-person proceedings, but those will have a very different look and feel.  For example, only emergency matters, some criminal cases, and critical proceedings have been permitted to be conducted in-person.  Additionally, judges will have to identify metrics to monitor case backlogs and make recommendations on priorities while figuring out which proceedings should continue to be held remotely.

The Tampa Bay area’s circuit and county courts aim to resume having jury trials and grand jury proceedings.  All local courthouses require visitors to undergo basic wellness screenings and temperature checks.  Plans call for jury trials to resume in Hillsborough County starting October 19 and in Pinellas and Pasco counties on October 26. 

In our office’s insurance dispute arena, we are currently set for trials in mid-December, mid-January, and March of 2021.  In federal court, we have just received our first jury trial date for January 11, 2021, in the U.S District Court in the Middle District of Florida.  Whether there are enough jurors available for these trials remain to be seen. 

There will probably be a much higher percentage of no-show jurors after they receive their notices to appear for jury duty.  This is understandable, given that appearing for jury duty when you are already stressed at work raises the burden on each juror.

Suppose you receive a notice to appear for jury duty. In that case, if you have a material reason why you cannot serve, it is imperative you contact the court administrator and plead your case.  Do not be surprised if they listen but then tell you to show up anyway.  Then, at the initial conference in the courthouse, you can explain to the judge why you should be excused. 

Courts may consider whether you are responsible for another person (child care, elder care, etc.) but the excuse, “my boss won’t like me missing work” probably won’t persuade the judge, as the judge may then offer to call your boss and tell them the importance of this civic duty.  When judges make the offer to “call your boss,” most people decline and accept their fate for the week they will miss work.  If you must serve, it is against the law for your boss to fire you for that reason, but we all know, in a smaller work environment, it does not mean you won’t get pressured by your boss to attempt to avoid it. 

There are specific segments of the population who have been disproportionately impacted by coronavirus.  Reports show a higher percentage of people of color get COVID-19.  Much of this is believed to be because more African Americans than Caucasians have no choice whether to work from home or return to the workplace, where they have more regular exposure to the public. 

The new normal of civil jury trials raise questions about fairness, safety, and due process in a court system that, like everything else, is affected by the coronavirus.  There is substantial data to suggest that the juries selected during the pandemic would be less diverse and not truly representative of a jury of one’s peers. Our law firm intends to be extra vigilant on this point and protect our clients’ interests, even if it means delaying any trial. 

Corless Barfield Trial Group is here to answer your questions about personal injury and property damage cases, and how the COVID pandemic may impact the court system or your access to justice.  Call us anytime at 813-258-4998.