Preparing for Trial: A Month-Long Strategy for Effective Courtroom Presentation
Detailed insights on trial preparation, from exhibit selection and witness lists to last-minute logistics and opening arguments, ensuring readiness and success.
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How do you prepare for trial during the last 30 days Legal Counselor Series
Added on 09/26/2024
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Speaker 1: So, a month before trial, I'm giving thought to what exhibits do I need, because that's going to lead to what questions you're going to ask, coupled with what witnesses do I need. So, at the month before trial, I pretty much decided this is my witness list, these are the exhibits I'm going to use. Because that then leads to development of the theme, because you can identify then what you know the other side. And I always go through the process of, at the same time, about a month before trial, identifying my 10 best documents, and the other side's 10 best, because you know they're going to use them. If they're 10 best, they're going to use them. You better be prepared to have arguments and questions about them. So that'll be about 30 days out. A week before trial, I'm focusing more on the witness exams, drafting the opening, and the opening morphs into the close, generally. I tell the same story in the opening as I tell in the close, it's just more interesting to listen to in the close, because you can use things that you can't use in the opening, and you can argue in the close, and evidence changes what comes in, what doesn't. The day before the trial is making sure I have a trial kit that I have for each trial. I always use a computer, so I have a portable printer, I have a portable scanner, I have big magic markers. I always bring my own. I never rely on the court having anything. I've developed a checklist of all the things you want to bring, so I go through to make sure that's together. Down to as simple as a spare shirt to have in your car, because at some point you're going to spill something on yourself. It just happens. And I know that, because I spilled coffee on myself one lunchtime, and then you have a spot. If you don't have a spare shirt, you have a spot. So that is the day before, is getting the logistical things ready, because it's much like an examination. If you really aren't ready the day before, you're not going to be ready, because there's too much work that has to be done that you're not going to get it in the last day. The hour before trial, I mean, if I'm sitting there and I'm waiting, and what typically happens is you show up in the courtroom where your trial is supposed to start, and the judge will have law in motion matters first. So you're sitting around for an hour, listening to other law in motion things. I would just review my opening argument, my general theme. So if something comes up that I haven't thought through, at least I can put it under that umbrella.

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