Trial day is often viewed as the test of a lawyer’s talent; however, it is the preparation beforehand that will make or break his or her performance.
A webcast and teleconference titled “The Last Thirty Days Before a Trial,” sponsored by the ABA Section of Litigation and the ABA Center for Continuing Legal Education, offers preparation tips for a trial.
“Divide and conquer” is the emphasis of the webcast, as proper distribution of responsibilities is key to running an effective trial team. The office manager or secretary should set-up a trial office nearby, perhaps in a hotel by the courthouse, so the trial team can communicate instantly with each other and opposing counsel. Additionally, this will help to ensure that legal research is easily accessible. The office manager should also make sure that all preparation materials are in the same font and macros.
Meanwhile the legal assistant should manage the following activities:
Create an updated and accurate data sheet of courtroom personnel and opposing counsel’s trial office
Keep specifics on the judge (i.e. pet peeves)
Maintain detailed witness files and trial exhibits
Supplement discovery requests and incorporate all deposition exhibits in the chronological file of correspondence
Contact all trial witnesses
Subpoena involuntary witnesses
As lead counsel, the lawyer should focus on preparing:
The juror questionnaire
An evergreen memo on possible motions
A witness list (including time limits)
Trial exhibits, including demonstrative aides and in-court equipment
Along with designating various jobs before a trial, appropriate preparation for a cross-examination is also critical to courtroom success. Practicing trial testimony and cross-examination ensures that your presentation comes across naturally to the judges and jury. Tips for an effective cross-examination include:
Write out questions, allowing time to focus on the witness’s answer and not the next question.
Limit the cross-examination to the length of the direct, or the jury will sympathize with the witness.
Go ahead and ask non-leading questions as long as the question supports the argument and the response of the witness is irrelevant to it.
When you ask a non-leading question, be polite and allow the witness to complete his or her answer.
In asking a leading question, be firm and insist on an answer.
A portion of the course materials may be found here. For the complete CLE, visit the ABA Web Store.
