Sean Griffin, member, Dykema Gossett PLLC. (Courtesy Photo)
When you're arguing a bad-faith case in a tough jurisdiction, you can't afford mistakes that could alienate your jurors. Years ago, a senior partner and I defended a bad-faith case before a racially diverse jury. The senior partner planned to make a comment in his opening argument that may have seemed relatively mild, but I knew the African American jurors could take it the wrong way. I talked to him about it, and he made the same point differently. We watched as a few jurors nodded appreciatively.
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