case is far more expansive than the information required for a rear-end motor vehicle crash. In addition, a seasoned trial attorney can usually tell early in the litigation process if the opposing counsel is preparing a case for trial. Many defence attorneys know when a plaintiff’s attorney is filing suit to protect the statute of limitations. This is often apparent in how discovery is conducted. Is the attorney requesting information that will matter in front of a jury, or is the attorney requesting information that has little to no relevance to the elements of the case and appears to be a fishing expedition? Juries have short attention spans; only the information necessary to prove your case should be sought and presented. As discussed below, the information required to prove your case sometimes goes beyond just the elements of a cause of action. During deposition, with an eye towards trial, do not impeach a witness (unless you do not expect them to appear at trial). Inexperienced attorneys will often impeach during the deposition, losing the trial value and permitting planned rehabilitation. The power of impeachment lies in revealing in surprise what should have been voluntarily shared from the beginning. How can focus groups also aid in trial preparation? Focus groups are great issue spotters. They will highlight questions you did not think were important but, if unanswered, will nag a jury and distract them. Sometimes these questions do not even go to an element of a cause of action but must be answered. It is also an opportunity to practice some of the phraseology you want to use for the case – how things sound. Focus groups can be compared to practice sessions that a football team might do: walking through plays to see what works, or in the case of a focus group, what resonates with the jury members. The more times you can put on your case before you actually put on your case, the more confident you will be when the time comes actually to present the case to a jury, because you are searching for the most effective way to tell your client’s story. And make no mistake, it is just that to the jurors: a story. Focus groups can also assist the trial lawyer in preparing the client for trial. Having the client testify in the focus group and having the client watch the jury deliberate the case can have a tremendous impact on the client. Many clients think they want their day in court, but when they see how it feels to tell their story to strangers and then watch those strangers talk about the case and the client, it helps to ground the client for the reality of trial. What technologies can be effective when brought to trial? How far does this extend? Trial preparation software can greatly help organise the presentation of evidence and keep the jury engaged. Juries expect graphics and interactive displays. Static displays, like a simple slide show, can be counterproductive. Active visuals like animations of the incident and human anatomy can be very effective. A good visualisation presentation is a must if you expect to keep a jury engaged. We must utilise the best and newest technologies, including artificial intelligence, to our client’s advantage. To excel as a trial attorney, what skills should be cultivated? Public speaking, first and foremost. Becoming a good storyteller is also crucial. This involves engaging and spending a significant amount of time with your client. The better you know your client, the better prepared you will be to tell their story. Jurors can tell if there is a connection between the attorney and the client. If they feel you are credible and authentic, they will adopt your client’s story and want to help the client. Finally, you have spoken about the importance of attorneys giving back to their community in ways other than pro bono work. How should they do this? There are many ways that a trial attorney can give back to the community. EXPERT INSIGHT 51 Becoming a good storyteller is also crucial. This involves engaging and spending a significant amount of time with your client. The better you know your client, the better prepared you will be to tell their story.
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