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The ADHD Jury – Fact, Fiction or Opportunity for Certified Legal Nurse Consultants?

A recent article in Lawyers USA titled “When Jurors Zone Out” claims that trial attorneys assume that they must treat all jurors under the age of 30 (some attorneys say under 40) as if they have ADHD. This isn’t a medical diagnosis, but an assessment based on behavior during voir dire and at trial. It doesn’t make someone with ADHD a bad juror, but it does create special challenges for the attorney trying to present a complex medical-related case. Some attorneys are even making decisions on whether or not to take a case to trial based in part on whether the subject matter will be of interest to a jury and whether the case can be presented simply and relatively quickly.

This issue will only get worse in our age of increased distractions. What kinds of jurors will our children make tomorrow when they are slaves of video games in restaurants and church today? How about our teenagers, who are genetically attached to their phones, texting and Facebooking, all while doing their homework and watching television? What kinds of jurors will they make?

While I don’t necessarily agree with the attorneys who believe that the distractions today are creating a more “shallow” jury pool, attorneys will have to change how they present cases to jurors used to living in the world of game apps, Facebook, Twitter, texting and the Internet everywhere. Just the thought of facing a jury going through cold-turkey device withdrawal is enough to scare even the most seasoned attorney.

As a Certified Legal Nurse Consultant, you can play a role in how your attorney-clients address the ADHD juror. First, you can provide a list of voir dire questions that assist your attorney-client in assessing whether or not a potential juror could have ADHD or another medical condition making it difficult for them to concentrate.

You can also consult with the attorney during the voir dire itself. CLNC® consultants can also develop a list of medications used to treat ADHD and provide the list to your attorney-clients. Some attorneys are asking potential jurors to disclose their current medications and a Certified Legal Nurse Consultant could use that listing to identify possible jurors with ADHD.

You can also point out the possible drug interactions and side effects of those medications that make it difficult for a potential juror to concentrate. Finally, the savvy CLNC® consultant can assist the attorney-clients in developing demonstrative evidence to help keep the attention of ADHD-challenged jurors.

Working with juries in an increasingly ADHD-afflicted world will be a challenge for your attorney-clients. Use and market your nursing knowledge about ADHD for your attorney-clients to ensure the attorney never forgets to retain you on an important medical-related or other complicated case.

Success Is Inside!

P.S. Comment and share what techniques you will use to help your attorney-clients deal with ADHD jurors.

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*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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