Jury Instructions in Complex Civil Cases: Gaining Strategic Advantage and Guiding Case Preparation

This CLE webinar will discuss the why and how of creating and advocating for counsel's desired jury instructions, including the use of AI, and best practices for objecting to an opponent's proposed instructions.

Model or pattern jury instructions are useful but have their limits—they don't cover every situation. The law may be unsettled, undeveloped, or changing. Pattern instructions are usually not well-suited for matters involving complex or novel issues, presumptions, substantial affirmative defenses, shifting burdens of proof, and more.

"Begin with the end in mind" is never truer than when planning for trial. The desired jury instructions should be developed early and drive everything: case strategy, discovery, presentation of evidence, and opening and closing. It is equally important to know when and how to challenge the opponent's jury instructions or even model instructions. Preserving issues for appeal clearly in the record is trickier than it sounds but essential. Countless verdicts have been reversed for defective jury instructions, which is further reason to approach the task of creating them with care.

Creating and editing jury instructions would seem to be a perfect use case for AI. Numerous judges themselves have even done so. Jury instructions are supposed to be clear and understandable by non-lawyers, but without misstating the law. There are often multiple ways to phrase the same instruction to favor one side or the other. But sometimes getting what you ask for at trial gets reversed on appeal if the instruction is ultimately unclear, improperly shifts the burden of proof, attempts to assume facts or make factual findings, or blatantly leads the jury to a particular conclusion.

Listen as this panel of experienced litigators discusses when to craft new or modified jury instructions, how desired jury instructions can shape trial strategy and strengthen the case at every phase, best drafting practices including the use of AI, and practical tips for effective objections and preserving error for trial, as well as reviews recent examples of where faulty jury instructions led to expensive reversals.