Official Publication of the Minnesota State Bar Association


Vol. 61, No. 8 | September 2004
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Settlements on the Courthouse Steps
By Melinda M. Sanders

Jury duty is a responsibility to which many are called, but few are chosen.  Some attorneys may spend their entire careers without sitting on a jury, and some may never be summoned.  My opportunity to serve as a lawyer-juror came only recently.  After 5:00 p.m. on a Tuesday evening I learned via the Stearns County Jury Information Line that I needed to report for jury service the following morning.  As a busy attorney and a mother of young children, I quickly rescheduled appointments, emailed a few assignments, gathered up some work I could review while I waited for the trial to start, and arrived at the jury assembly room at 8:00 a.m. on Wednesday morning as required. 

REVOLVING DOOR

After patiently reviewing the jury information pamphlet for a few minutes, I heard from the bailiffs that we would be called to serve as potential jurors in a civil matter.  A few minutes later, a member of court administration walked into the jury assembly room, thanked us for being there, and then told us we could all leave.  What?  We were incredulous!  The administrator explained that late the previous evening, the parties had reached a settlement. 

I had mixed reactions to this announcement, and my fellow public servants visibly displayed their mixed reactions — some of which have no place in a professional magazine.  While there was some feeling of relief that we could now get back to our normal routines, there was also disgust for the complete waste of time and resources the last-minute settlement caused.

I know that lawsuits are frequently resolved on the courthouse steps, if not late on the eve of trial.  I know that last-minute settlements are “standard operating procedure” for many lawyers.  I know that the pressure of an imminent trial date sometimes has more influence over parties’ decision to settle than any other factor. 

Now I also know what it feels like to be a potential juror who shows up at the courthouse on half a day’s notice, only to be told that the parties were able to resolve their differences late the night before (while I was still rearranging my schedule so that I could perform my civic duty). 

WASTED RESOURCES

But there’s more to this than jurors’ disgruntlement at having their lives disrupted and their time wasted.  The last-minute settlement also wasted this

community’s resources.  The judge,

the judge’s staff, and court administration all spent time gearing up for the trial they believed was going forward.  Bailiffs were called in.  Jury duty fees and mileage were paid to the would-be jurors.

All of this waste could have been avoided if the settlement had been reached mere hours earlier. 

Do what you can to settle your lawsuits in an orderly and timely fashion.  Remember that we are all paying for settlements that are reached late in the day.


MELINDA M. SANDERS is a shareholder with the law firm of Quinlivan & Hughes. While not in law practice, parenting her children, or responding to jury summonses, she volunteers with the local Chamber of Commerce, is President of her Kiwanis Club, and coaches soccer.