8-3 Drafting Jury Instructions

• Jurisdiction: United States

8-3 Drafting Jury Instructions

Jury instructions for a legal malpractice case normally are drafted by referring to the Florida Supreme Court's approved standard jury instructions.¹¹ The instructions can be divided into those that are general in nature and those that are specific to legal malpractice cases.

8-3:1 General Instructions

Instructions that are general in nature include the following:

SECTION 100—OATHS

Instructions for All Oaths

101.1 Oath of Jurors Before Voir Dire

101.2 Oath of Jurors After Voir Dire

SECTION 200—PRELIMINARY INSTRUCTIONS

Qualifications Instruction

A. During Jury Selection

201.1 Description of the Case

201.2 Introduction of Participants and Their Roles

201.3 Explanation of the Voir Dire Process

B. After Jury Selected and Sworn

202.1 Introduction

202.2 Explanation of the Trial Procedure

202.3 Note-Taking by Jurors

202.4 Juror Questions

SECTION 300—EVIDENCE INSTRUCTIONS

301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions

301.2 Instruction When First Item of Documentary, Photographic, or Physical Evidence Is Admitted

301.3 Instruction When Evidence Is First Published to Jurors

301.4 Instruction Regarding Visual or Demonstrative Aids

SECTION 400—SUBSTANTIVE INSTRUCTIONS

402 Professional Negligence

402.1 Introduction

402.3 Greater Weight of the Evidence

402.6 Legal Cause

402.13 Burden of Proof on Main Claim

402.15 Burden of Proof on Defense Issues

SECTION 500—DAMAGES

A. Compensatory Damages

501.1 Personal Injury and Property Damages: Introduction¹²

SECTION 700—CLOSING INSTRUCTIONS

Instructions

SECTION 800—SUPPLEMENTAL MATTERS

801.1 Juror Questions During Deliberations

801.2 Read-Back of Testimony

801.3 Jury Deadlocked

801.4 Instructions upon Discharge of Jury

8-3:2 Specific Instructions

Instructions that are specific to legal malpractice cases include the following:

402.2 Summary of Claims: This instruction describes both claims and defenses. It makes reference to comparative negligence, a defense not normally available in a legal malpractice case.
402.5 Other Professional Negligence: This instruction should be considered for a case that does not involve underlying litigation. Otherwise, 402.12 (discussed below) should be used.
402.8 Preemptive Charges (b), (c), and (d): Parts (c) and (d) can be used if summary judgment or a directed verdict on liability is entered in favor of the plaintiff or the defendant admits liability (i.e., only damages are at issue). Part (b) can be utilized if an

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