DRI President Elect Matt Cairns argues that rescission is not an appropriate remedy against Toyota.

I write as we finish up the Winter DRI Board of Directors meeting in Orlando. The gathering of all directors has been exciting, stimulating and thought-provoking. We addressed a number of challenges and examined our processes. We studied our educational programs and reviewed critical membership issues. A number of initiatives were considered which will favorably impact our members, our clients, and the judicial system as a whole. Issues involving diversity, women in the law, the role of an independent judiciary, and the importance of jury trials and jury service were front and center.

The ability to serve on the DRI Board of Directors remains a privilege and a responsibility. Good things are forecast for 2010 and the coming years. Challenges remain and responses are forthcoming. The future is bright. To all members, get involved and become an active part of the largest organization of defense attorneys in the world.

While attending the DRI Board of Directors meeting, I participated in a very interesting discussion involving the effects of technology on the future of our practice. It is important to contemplate the exciting and somewhat scary changes that are expected in the coming years. In looking to the future, one must reflect on recent changes involving the Internet, the Blackberry, Facebook, Twitter, and Blogging. The speed and availability of information over the internet can be overwhelming.

Will we be facing the “virtual courtroom” in the coming years? Is the availability of wide-spread electronic information to jurors hindering our ability to control the flow of information in a manner consistent with the rules of evidence? Can we or should we control that flow of information and prevent jury access to cell phones, web browsers, and Twitter during trials? Has our “open” and “liberal” rules of discovery hampered the right to a swift and economical jury trial? Is ESI crippling the ability to manage discovery? So much to think about! These discussions will likely continue with vigor so to best protect the right to jury trial and the professional and economic survival of our profession.