[author: Amanda Ashworth]
ovies and television shows often inaccurately depict the courtroom. We usually attribute it to “entertainment.” But what if parts of what they show are accurate? What if the outlandish and unpredictable results depicted can really happen when an ill-prepared attorney takes the case?
Far too often, we see attorneys fail to employ the simple, yet highly effective strategies explained in Robert Tyson’s book, Nuclear Verdicts: Defending Justice for All (2020). By diligently implementing his four Nuclear Verdicts® defense methods (accepting responsibility, personalizing the defendant, giving a number, and arguing pain and suffering), attorneys can contain illogical and unpredictable juror emotions and redirect jurors’ minds to focus on the evidence, the law, and fundamental fairness.
The Movie: Runaway Jury
Runaway Jury (2003) is a movie based on the book The Runaway Jury by novelist and attorney John Grisham. It takes a dramatic, theatrical approach to showing the unpredictable ways jurors can behave. The following is the storyline:
After Celeste Wood’s husband is violently killed by a disgruntled former colleague, she sues a gun manufacturer for gross negligence. She is represented by attorney Wendell Rohr. Defense attorney Durwood Cable retains Rankin Fitch, a notorious jury consultant. Fitch utilizes unethical techniques to assist in choosing the jury.
Within the jury pool is Nicholas Easter, a video-game-store clerk. He unsuccessfully (and disingenuously) requests to be excused for a video game competition. Fitch is skeptical of Easter, but the defense has no remaining peremptory challenges. Easter, someone the defense knows is bad for their case and someone who proclaimed his desire to be excused from jury service, sits on the jury.
Although the drama surrounding Fitch’s tactics is included for “movie magic,” Fitch’s suspicions of Easter appear to be correct. Easter, along with his girlfriend, Marlee, actually have different intentions for this case. Easter and Marlee approach Fitch and offer to assist him in getting the defense verdict he wants. Fitch doubts their control over the other jurors until Marlee asks Fitch a cryptic question about being patriotic.
The next day, Marlee’s question makes sense. Following Easter’s suggestion, the entire jury stands and leads the courtroom in the Pledge of Allegiance. The couple and Fitch go back and forth in a series of violent and strategic moves to sabotage one another. For $15 million, Marlee and Easter will make sure there is a defense verdict. However, Marlee is working both sides. She has also approached the plaintiff’s attorney, Rohr, and presented him the same $15 million proposal.
In a desperate effort to strengthen Ms. Wood’s difficult case, Rohr considers the offer. He even gathers the money. But Rohr refuses to follow through with the deal.
The defense case hits a big bump during a witness’s testimony, so Fitch agrees to spend the $15 million. He discovers Easter and Marlee’s true identities after wiring them the money: Marlee’s sister was killed by a gun produced by the manufacturer. Fitch was retained for that case as well and secured a defense win. Now, Marlee wants justice. Easter double-crosses Fitch and convinces the jury to find for Ms. Wood. The jury verdict is in favor of Ms. Wood for $110 million.
Nuclear Verdicts® and the Core Four Defense Methods: 1. Accept responsibility, 2. Personalize the defendant, 3. Give a number, and 4. Argue pain and suffering
While this movie is just that, a movie, it does provide insights into why the four Nuclear Verdicts® defense methods are so important.
Tyson & Mendes utilizes two pivotal tactics in advocating for its clients: 1) honesty, and 2) the four Nuclear Verdicts® defense methods. With these two tactics working side by side, there is never a need for the unimaginable tactics explored in this entertaining film. Our defense tactics provide guidance on how to approach a trial in a manner that controls the unpredictability of a jury and avoids Nuclear Verdicts®
What to take away?
Runaway Jury takes the civic duty of jury service and turns it into something remarkable. Jury service is a task most people try to avoid. But what is just as dangerous as a juror who wants nothing more than to leave the court room isa juror who has always dreamed of sitting in a trial, pen in hand, and who has the romanticized goal of dealing out their idea of justice. Whether a juror is angry to be there or just plain angry, the four Nuclear Verdicts® defense methods promote justice.
Without the Nuclear Verdicts® methods, attorneys are walking a tightrope, and possibly … walking the plank. The methods taught by Nuclear Verdicts® take the need for deception and dishonesty completely out of the equation. The methods produce great lawyers, truthful trials, and fair results. Additionally, they avoid nuclear verdicts like that depicted in the movie. The four Nuclear Verdicts® defense methods are a pillar in the foundation of Tyson & Mendes and its defense of its clients.
1 Robert F. Tyson, Nuclear Verdicts: Defending Justice for All (2020).
2Runaway Jury, Directed by Gary Fleder, Performances by John Cusack (Easter), Gene Hackman (Fitch), Dustin Hoffman (Rohr), and Rachel Weisz (Marlee).
