To begin with, what are the essential elements of solid trial preparation? The essentials to effectively trying a case are: 1) preparation (there is no substitute); 2) authenticity (everyone, including the storyteller, in your client’s story must have this); and 3) competency (you must be able to get evidence in and keep evidence out). Preparation begins at the onset of the case. Even though most cases settle, you must assume every case is going to trial. In fact, the more prepared you are for trial, the more likely the case will settle. Every attorney should have a trial binder template. A trial binder is the instruction manual for your client’s trial. It should have all the relevant case information, case pleadings, research and investigation, evidence, witnesses, court orders, stipulations, voir dire information, opening statements and closing arguments. Some trial binders cannot be completed until much closer to the trial. However, if you start building the trial binder at the onset of the case, you will be more prepared and organized, allowing you to focus on the substance of the case. Authentic is credible, and credible is believable. Once a client retains you, you should begin thinking about how to tell your client’s story (their message). The story must be authentic: do not make your client something they are not. No one is perfect; that is fine. Neither are members of the jury. The story must leave the jury believing that your client’s compensation is not only needed, but necessary, because the jury will write the next chapter. Attorneys tend to overuse adjectives and sell the story instead of telling the story. If a jury thinks a witness is embellishing or the attorney is overreaching, they won’t believe the story. You must be yourself. The ability to get the evidence you want and need to be admitted at trial The Making of an Effective Trial Attorney For most individuals, litigation is an unnerving prospect that demands a good deal of perseverance and investment to reach a positive conclusion. In all cases, retaining a skilled and wellprepared trial attorney is also essential. Experienced trial attorneys Lee Previant and John Noland speak with us in this article, outlining the work and training necessary for a lawyer to become truly effective in the courtroom. Expert Insight EXPERT INSIGHT 49 The more prepared you are for trial, the more likely the case will settle.
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