Preparation in advance—a key to trial success

Trials are an inevitable reality that virtually all lawyers must face at one time or another. “Preparing for Trial: You’ve Tried to Settle, Now Prepare to Win,” a recent ABA teleconference, offered tips on trial preparation from seasoned family law practitioners Melissa Avery and Ed Kainen.

Avery suggests that preparation begin as soon as the initial client consultation, not after the confirmation of a trial. Gather information from the initial consultation, as well as from subsequent meetings, then organize the information into seven subcategories: pleadings, correspondence, financial summaries, attorney notes, research, discovery and billing information. The attorney notes, which allow you to track conversations when transcripts are not available, are of particular use as reference points during trial, perhaps lending more credibility to your argument.

Discovery is another step in trial preparation that calls for advanced planning. Teleconference panelists agree that the discovery process should start early as well since it can sometimes take months to obtain necessary documents from opposing counsel. When not provided with complete records by opposing counsel, practitioners have two options: try to obtain the documents through court orders or attempt to get the information elsewhere.

Another important step is preparing the exhibits. While the exhibit type can vary from case to case, the rules remain the same: come prepared by making copies and organize the items in the order in which you intend to introduce them, making it easier for the judge, witness, opposing counsel and your client to follow along. Panelists emphasized that successful exhibit preparation includes offering exhibits into evidence in advance.

“Preparing for Trial: You’ve Tried to Settle, Now Prepare to Win,” was sponsored by American Bar Association Section of Family Law, Young Lawyers Division and the ABA Center for Continuing Legal Education.

Back to top

Back to home