his is the third in a series of articles based on the results of a recent Jury Impact survey conducted in conjunction with sister company MFour Mobile Research.  This survey was fielded in July with 543 jury-eligible respondents throughout the United States.  “Millennials” include all respondents 34 and younger.

 The question is simple, but it can tell you more about a potential juror’s leanings than any other you might ask.  During our 12 years of research involving thousands of jurors, the response to this question has been extraordinarily predictive of verdict – especially if that verdict is for the plaintiff. 

This question has nothing to do with demographics or any other stereotypical correlation you might think this is leading up to.  In fact, it’s a question Goldilocks might have asked had she found herself in a courtroom instead of a home occupied by the three bears and their extreme – and just right – beds, chairs and bowls of porridge.

Intrigued yet?

Should the judge allow it, we believe the most important question to ask during jury selection is whether those in the venire believe filing a lawsuit is too hard, too easy or just right.  In our experience, jurors who believe filing a lawsuit is too hard are 1.5 times more likely to side with the plaintiff regardless of the type of case, the demographics of the parties or any other factor.

The converse is also true, although not quite to the same extreme.  Those who believe filing a lawsuit is too easy are 1.3 times more likely to find for the defense.

On the bright side for defense teams, we have observed a slight upward tick in the defense-friendly responses to this question during the past few years.  In 2012, we fielded a national survey that showed 23 percent of respondents believed it is too hard to file a lawsuit, and the same percentage believed it is too easy.  When we asked the same question this year, 21 percent indicated it is too hard to file a suit, and 26 percent said it is too easy.  (The remaining percentage indicated it is “just right.”)

Still, the responses remain just as predictive, even though fewer people provided the plaintiff-leaning answer.  The data shows the same people who believe it is too hard to file a lawsuit are also more likely to award money even if they don’t believe a plaintiff suffered injury, and are also more likely to say they would ignore a judge’s instructions on key issues such as the law, Internet research during trial and factoring attorney fees into awards.

And as you might expect given the other findings we have highlighted during the last couple of weeks, millennials just happen to be the most likely of any demographic group to believe it is too hard to file a lawsuit.  In this age group, 26 percent of respondents stated it is too hard, versus just 18 percent of those 35 and older.  In contrast, 17 percent of millennials believe it is too easy to file a lawsuit, while 30 percent of the older subset gave this response.

The predictive power of this question makes it an imperative one to consider asking during jury selection.  For further information on how best to approach this question during voir dire, contact Senior Vice President Claire Luna at cluna@juryimpact.net or 714.754.1010.