Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.
Addressing the Jury: Achieving Fair Verdicts in Personal Injury Cases. By Roger Oatley & Troy Lehman. 3rd ed. Toronto: LexisNexis, 2025. xix, 438 p. Includes bibliographic references and index. ISBN 9780433531654 (softcover) $145.00.
Reviewed by Lorissa Kinna
Reference Librarian
Great Library, Law Society of Ontario
The third iteration of Addressing the Jury introduces some significant changes, the most notable of which is the addition of Troy Lehman as co-author. Lehman brings more than three decades of experience in jury trials, working alongside Roger Oatley at Oatley Vigmond LLP. Almost 20 years have passed since the second edition, and Lehman’s extensive litigation background is clearly reflected in the expanded content of this latest edition.
Key changes include the expansion of content related to witness examination and demonstrative evidence. The previous edition grouped these topics into one chapter, while the current edition organizes them into four: one full chapter on demonstrative evidence and three separate chapters on various aspects of witness examination. This new edition adds three new annotated opening statements and one closing statement, and it revises the previous examples to reflect current courtroom practices.
The structure of the book follows the structure of a trial, starting with the psychology of the jury, then continuing with each type of address that counsel will make to the jury during a personal injury trial. The discussion of jury psychology covers topics such as belief systems, cognitive biases, stereotypes, and juror perceptions of likeability. From there, the authors explore techniques for courtroom communication, including developing a compelling case theme, addressing potential weaknesses, and effectively using both real and demonstrative evidence.
Once these overarching themes are covered, the authors delve into best practices for the opening statement, examination in chief, cross-examination, re-examination, and the closing statement. For example, they point out the importance of not arguing during the opening statement. Instead, they suggest creating a thematic narrative out of a client’s story while considering the biases and stereotypes of jury members. Annotated opening and closing statements from actual cases illustrate the authors’ theories and provide readers with practical, real-world examples of effective advocacy. One great example is from McCullough (Litigation guardian of) v Bursey, 1995 CanLII 7127 (ON Ct J (GD)). The plaintiff, Don, is an alcoholic, a fact the jury might have held against him; however, the opening statement turns it around by focusing on the struggles Don faced throughout his life that led to his alcoholism, as well as his attempts at recovery.
Beyond opening and closing statements, the rest of the book consists of strategies for different types of examination as well as handling objections. The book also includes chapters on specialized case strategies, with a particular focus on claims involving connective tissue damage and traumatic brain injuries. These cases are some of the most frequent personal injury claims and present unique challenges due to the often-invisible nature of the injuries. Oatley and Lehman provide thoughtful strategies for effectively presenting such cases to a jury. The authors emphasize the importance of using illustrative and demonstrative evidence for these cases to help the jury understand the extent of these injuries through imagery, even if the injuries are invisible to the naked eye.
Addressing the Jury is an integral text for new lawyers starting out in personal injury, as well as for seasoned lawyers looking to improve their speaking skills in the courtroom. While most of the content is directed at plaintiff counsel (which reflects both authors’ expertise), strategies for defence counsel are also mentioned, particularly when they differ from plaintiff counsel. The text is accessible and easy to read, and concepts are clearly explained, making the reader feel competent in the material, even without previous knowledge of the subject matter. While I’m not a lawyer, I found myself engaged with the content and fascinated by the various ways counsel can connect with the jury to advance their client’s case. Addressing the Jury would make a great addition to any practice-based law library.
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