Good Law | Bad Law #59 - The Jury Trial W/ Judge Mark Bernstein

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Judge Mark Bernstein to talk about the importance of jury trials in our legal system.

Judge Bernstein and Aaron talk about how, even though fewer cases are being tried by a jury, the jury trial still plays a very important role. For instance, one of the ways lawyers determine how much to settle a case for is based on the amounts awarded by juries in past cases. Knowing this information helps the defense avoid the risk of paying too much and helps the plaintiffs avoid the risk of receiving too little.

The jury trial is also a great incentive for lawyers to settle cases that may not otherwise have been settled. Judge Bernstein talks about a few cases that he has seen that would have never settled had a jury trial not been on the horizon.

Judge Bernstein and Aaron also highlight an observation they’ve both made in courtrooms and that is, even though people may see jury duty as a burden, they try to avoid it however they can, once they get selected to serve on a jury, they take that responsibility very seriously. It’s one of the things that makes our legal system so great and people do understand that.

Join Aaron Freiwald and Judge Bernstein for a in incredibly fascinating and enlightening conversation about our legal system.


Remember to tune in every Friday for new episodes of Good Law | Bad Law!


Host: Aaron Freiwald

Guest: Judge Mark Bernstein