As a trial lawyer I am often asked how to get out of jury duty.  My answer is you shouldn't.  As a juror, for a brief period of time, you are the most important part of our legal system.  How can a person fanangle their way out of jury duty when called, but then complain about the system.  I wonder how many corporate executives who complain about the jury system actually serve on a jury when called.

Next to closing argument, my favorite part of a trial is jury selection.  In a consumer case, I almost always have a fairly decent jury pool to pick from, while the defendant's lawyer tries to figure out how to strike all these irritable consumers with grievances sounding very similar to what his client allegedly did to my client. 

When I select a jury, I have to admit that actually picking a jury is not first and foremost on my mind.  When jurors are questioned, they get their first look at the case they may be asked to decide.  First impressions are lasting impressions.  As much as the court tries to make lawyers stick to selecting a jury rather than arguing their case, the fact remains there is no way to question jurors about relevant biases without also having them express opinions other jurors hear.  And if a juror expresses an opinion about something during jury selection, it's a pretty safe bet the juror will hold that opinion throughout the trial and into deliberations in the jury room.

While we are questioning potential jurors, there are usually one or two who clearly are answering questions in a way to try to duck jury duty.  I wonder whether these potential jurors think they are fooling anyone.  They are not.  Their conduct is obvious to the judge and to the attorneys trying the case.  It might get them out of jury duty, it might not.  I personally am more concerned about a juror who expresses a sincerely held belief that could cause me problems later than I am about a juror who is attempting to dodge jury duty. 

So when you are called, answer the call.  Answer the lawyers' questions truthfully and honestly without making an effort to avoid service.  In fact, that is probably the best way to "get out" of jury duty.  If you participate in the process in good faith, there is a pretty good chance you will have said something in a genuine way that causes one lawyer or the other to actually believes your opinion is sincerely held--and he would really prefer you not serve on his client's jury.

A car dealer I once sued for an illegal repo used a financing agreement that stated "[t]he best way to get back on your feet is to not make your car payment."  Maybe, but some car dealers and lenders seem to have a lot of difficulty understanding and complying with laws relating to repossession of vehicles.  

First, owning a tow truck is not synonymous with having a security interest in a vehicle.  A creditor cannot repo a vehicle without first taking a security interest in the financing agreement.  Otherwise, the loan is like any other unsecured loan.  In most cases, the consumer's payment must be at least ten days late and the creditor is required to send a right to cure notice prior to the repossession unless a right to cure notice was sent during the prior year.  The repossession must be done without a 'breach of the peace," police officers cannot take sides or facilitate the repo, and after the repossession the creditor must give notice of the sale and account for the proceeds of sale.  All aspects of the repossession and sale must be done in a "commercially reasonable manner."  There are serious questions whether a "dealer only" auto auction is a "commercially reasonable" disposition.

I was once contacted by a consumer who had just had her vehicle repossessed.  It was soon apparent from talking to this young woman her creditor had messed up just about every aspect of the repossession--no security interest, no right to cure, illegal police facilitation--you name it --the creditor did it wrong.  But the one thing this young woman found completely inexcusable, was that the police refused to give her time to remove her Dale Earnhardt bumper sticker.   

I read an article where a commentator described our banking system as being in shambles.  While that may be an overstatement, there clearly is cause for concern.  Bank accounts can be tapped from anywhere in the world with little more than the account number and an unsigned demand draft.  Businesses are losing their customer's confidential data at a rate that can only be described as alarming.

Today it is reported a supermarket lost personal account numbers on 4 million credit cards.  There have been 1,800 known cases of fraud so far from the data breach.  Consumers who are victimized by such practices may find themselves with seriously damaged credit and hounded by debt collectors.  Credit card companies may invoke universal default provisions when payments are not made, and then jack the interest rate up on all of the consumer's credit card accounts.  These consumer victims may even be subjected to a one sided arbitration proceeding resulting in an arbitration award for thousands of dollars that is then confirmed in court, resulting in wage garnishments and asset freezes.

Once a password is obtained for you bank account or ATM card, the perpetrator can start making withdrawals and your bank may just tell you tough--you must have given out the password.  Think that doesn't happen--think again--it does. 

A tupperware container buried in your back yard does have its advantages. 

[That's a joke--it's not legal advice].

A Scott County jury awarded more than $35,000 in damages to my clients who alleged VW failed to honor their warranty.  Once again, an Iowa jury has ruled in favor of consumers who had been treated unfairly.  Despite criticism of some isolated jury verdicts (justified or not), there is no system in the world that is fairer than having cases decided by a jury of your peers. It is a sad day when that very system is now at risk due to the proliferation of mandatory arbitration. 

Now, it is time for me to get back to work on other cases and tackle the pile of papers on my desk.

Once a trial is completed, one of my first tasks is to check my calendar for planning purposes to see what trials lie ahead in the next six to twelve months.  A lot of work goes into trial preparation, and that preparation starts months before the actual trial date.  Here is a sampling of what's coming up for me:

I have a client who alleges a manager for a landlord entered her apartment and stole her property, including keepsakes handed down from her mother and grandmother.  An 80 year old client alleges a car dealer took advantage of her in selling her a car, including a visit to her home to search for cash for the down payment.  A previously totalled out car is sold without disclosure.  A car is repoed where the creditor has no legal right to the car.  A foreclosure is threatened even though a loan is paid in advance.  A landlord failed to maintain a property, and raw sewage engulfed the rental unit.  A tenant is illegally locked out of her apartment and has no access to critical medication.  The list goes on and on.  As always, it will be an interesting year.   

If you read my blog, you know by now I really enjoy representing consumers.  It's a shame there are so few of us.  How many lawyers go to work every day despising their jobs and what they do?  Why not walk away from the rat race and do something meaningful you can enjoy and be proud of?  The help would be appreciated.  We have plenty of lawyers willing to write that small print in contracts--we need more lawyers willing to assist consumers in undoing the damage that mice type causes.  I joke that when asked how many consumer lawyers there are in private practice in Iowa, my response is "zero when I'm vacationing in Colorado." 

There are very few jobs where a person has the opportunity to tackle new challenges every day, while at the same time helping people who desperately need your help.  It is rewarding to assist consumers in prevailing over well funded adversaries who have used their economic power to exploit or abuse the poor or powerless.

If you are a law student or a lawyer considering a career change, why not check it out?