I just moved downtown. Like a hurricane, a move churns up stuff from the bottom of the closet. So far, that stuff includes my fifth grade report card, letters to my parents from college, and my voir dire and opening statement from a case I tried in 2005.
The trial involved claims of fraudulent inducement, with the plaintiff alleging that my client tricked him into leaving his great job and taking a job with it, by telling him that it had just landed a big contract. My client said it did have a deal, but that deal did not close, through no fault of its own. The plaintiff was later terminated for performance reasons.
Two questions that got the panel talking:
- In applying for a job, do you believe an applicant should ask questions if he is unsure or uncertain on any aspect of the job for which he’s applying? If yes, why do you believe that? If no, why do you believe that?
- Do any of you believe an employer is obligated to warn an applicant of every conceivable contingency — such as a reduction in force, business downturn, contract cancellation — that might occur if an applicant accepts a job?
The court asked these questions and allowed the parties to follow up. The questions did what voir dire questions are supposed to do: Flush out the client’s enemies and lay the groundwork for the client’s narrative.
I’ll have more from the bottom of the closet in future post.