When I’m trying a case that involves substantial money damages, I don’t tell my jury that it is their job to award my client a large sum of money for injuries caused by the defendant who did something wrong. After all, who am I to tell someone else what they should do.
What I do is empower my jury to do the right things.
I use an approach I first read about long ago in one of David Ball’s books. That is, I make sure my jury understands that they are in a unique position to listen to the evidence and if appropriate, step up and assist someone who needs there help. They are the decision makers who can right a wrong and when possible, fix the harm. I want my jury to know that under the American justice system, only they can hold the defendant responsible and accountable for his or her misguided or illegal conduct.