Distrusting justice system and institutions, Americans will take back power in jury room, survey finds
A majority of Americans have lost trust in the justice system and many are skeptical of corporations, according to a February 2025 survey of jury-eligible adults in 14 states by Orrick, Herrington & Sutcliffe.
Of surveyed jury-eligible adults, 18% said they said they had no confidence at all in the U.S. justice system and 39% said they had not too much confidence. The combined 57% is up from 50% in Orrick’s 2022 survey.
And 19% of those surveyed agreed strongly that judges and juries should prioritize the community over following the letter of the law if there is a conflict between the two, while 46% agreed somewhat. The combined 65% is up from 52% in Orrick’s 2022 survey.
Despite the lack of trust in the court system, 41% of the surveyed adults agreed strongly that they would probably file a lawsuit if they or their loved ones were injured because of someone’s negligence, while 44% agreed somewhat that they would do so.
Most surprising and notable about the findings are “the consistency and pervasive distrust in institutions, including the judicial system, government agencies and corporations,” says Meghan Rohling Kelly, co-leader of Orrick’s complex litigation and dispute resolution practice.
“There has been a lot written about how polarized society is today, but our findings show that regardless of age, race, gender, geographic location or political affiliation, Americans are united in their belief that institutions are failing them and don’t have their best interests at heart,” Kelly says.
The reasons for the dramatic change in attitudes, which occurred after the pandemic, are “heartbreaking,” adds William W. Oxley, who co-leads the complex litigation and dispute resolution practice group with Kelly.
“Many people in our country—with vastly different experiences and backgrounds—feel hopeless and afraid. And they will take back power in the jury room by ignoring the law when it conflicts with their own sense of fairness,” he says.
Corporate defense lawyers have biases to overcome in the courtroom, against their clients and themselves, the survey found. Only 19% of the respondents have positive views of lawyers who defend corporations, while half have positive views of lawyers who represent injured people.
In lawsuits between individuals and large corporations, only 10% of surveyed adults said that, in general, they would probably tend to lean in favor of the corporation while 56% would lean toward favoring individuals. And in lawsuits by employees alleging discrimination by their employers, 63% would probably tend to lean in favor of the employees while only 10% would lean toward the employer.
Negative attitudes about corporations surfaced in several findings in the survey of 1,282 people eligible for jury service in both red and blue states. The percentage who strongly or somewhat agreed with these statements are:
• I have a bias against big corporations, 15% agree strongly, 30% agree somewhat.
• Corporations use their power and money to improperly influence regulatory agencies or lawmakers, 44% agree strongly, 42% agree somewhat.
• People who bring lawsuits against corporations are usually not compensated enough when they win a case, 21% agree strongly, 43% agree somewhat.
• An important function of juries is to send messages to corporations to improve their behavior, 24% agree strongly, 48% agree somewhat.
• I am in favor of punitive damages for the purpose of punishing a corporation in a lawsuit, 32% agree strongly, 48% agree somewhat.
• Companies consistently put profits over the health and safety of consumers, 42% agree strongly, 42% agree somewhat.
• How a company responds to a mistake it makes is as important as the mistake itself, 47% agree strongly, 42% agree somewhat.
Jury-eligible Americans were also skeptical of insurers, with 60% agreeing strongly and 31% agreeing somewhat that the insurance industry “makes huge profits each year.”
But potential jurors are also skeptical of some claims, with 28% agreeing strongly and 44% agreeing somewhat that people will often bring false claims to get money they do not deserve. And 39% agreed strongly and 45% agreed somewhat that people too often blame others for their problems rather than taking personal responsibility.
It’s “absolutely” getting more difficult to defend corporations, and the survey results reinforce the conclusion, Kelly says. But the findings on corporate attitudes can be helpful to lawyers advising executives and defending them in court, Oxley and Kelly say.
Drawing on the data helps Orrick lawyers develop trial themes and strategies, Kelly says. It also helps Orrick lawyers “understand people who show up for jury service,” says Oxley. “That way we can put on a case that targets what truly matters to our jurors.”
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