Update: How do we Resume Civil Jury Trials in Vermont

Here is more on that federal criminal trial described in my September 28, 2020 Post: How do we Resume Jury Trials in Vermont It’s based on remarks made by Chief United States District Judge Geoffrey Crawford today at a Federal Read More …

How do we Resume Civil Jury Trials in the Vermont Courts?

We have no doubt, the ‘right of trial by jury’ spoken of in the constitution, and which it is said “ought to be held sacred,” means a jury as at common law, which consists of twelve men, and that wherever a constitution guaranties ‘the right of trial by jury,’ it is not competent for a legislature to reduce that number to six, or any less number than twelve; for the very theory of a trial by jury requires the unanimous consent of twelve men to the verdict.
Lincoln v. Smith, 27 Vt. 328, 358-9 (1855) (emphasis added).
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The Coronavirus Pandemic Has Irrevocably Changed the Practice of Law

The Coronavirus pandemic has launched a worldwide, mass experiment in the practice of law by remote means. Thousands of lawyers are working remotely for the first time, looking for platforms for depositions by video conference, scheduling video mediations, and much more.

We are engaged in a massive test to determine what works and what doesn’t. We will probably decide — or our clients will decide for us — that many of the in-person practices of the past are not essential.
Some lawyers will fail to adjust. But don’t be afraid. Buckle down and learn what you need to learn to adjust to the new normal.
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