Attorney Disbarred for Changing Vote While a Juror
I came across a story today on the Internet that I found very interesting. As reported in law.com, a California lawyer has been disbarred for his conduct on a jury panel. The lawyer, Francis Fahy, was one of 12 jurors in a medical malpractice case tried in San Francisco in 2004. Medical malpractice cases generally take a long time to try, and this one was going on for nearly a month, including ten days of deliberations, when Fahy changed his vote to break a deadlock. At the time, there was an 8-4 deadlock in favor of the doctor who had been accused of negligence while performing a laser eye surgery. Apparently during the deliberations, Fahy had felt that the doctor had been negligent, but decided to change his vote because the long trial was hurting his law practice. With his changed vote, the jury was finally able to render a verdict in favor of the doctor and the trial was over.
After the trial, one of the jurors brought the vote change to the attention of the judge, who then inquired as to Attorney Fahy. In response, Fahy said that he had only acted within the court’s instructions and trial evidence. When the matter was turned over to the California State Bar, an investigation came to the “inescapable” conclusion that Fahy had violated his duties as a juror. As such, they disbarred him, which means he is no longer eligible to practice law in California. He cannot resume practice in law until he undergoes a formal reinstatement proceeding that proves by clear and convincing evidence that he has been rehabilitated, that he has the appropriate moral fitness and he has retained the ability to practice law.
As a trial lawyer, you always wonder how jurors come to their conclusions. Sometimes I have been very puzzled by a jury’s decision. You always wonder what goes on behind closed doors. Sometimes certain jurors will tell you things after the trial that make you very uneasy. Reading this story, it makes me wonder how many people reach a decision just to hurry the trial process along. I hope this is an isolated incident and it doesn’t happen very much. But you have to wonder.
This information provided by Fort Worth personal injury attorney Mark A. Anderson. Contact information: 817 294 1900 or contact Mark A. Anderson Online. Cases handled include car accidents, construction accidents and defective product claims, and other personal injury actions.
