Demystifying the Trial Experience: Every Question Answered

You are a civil litigator. You have diligently worked up a case, finished discoveries, and set the case down for trial. You had an unsuccessful pre-trial. Your first-ever trial starts in a month. Now what? This nutshell will give you the essential information you need to feel confident on your first day of trial.

• How do I prepare the ‘right’ way?
• What goes into an effective cross examination?
• How do I avoid incivility traps with the other side?
• How do I interact with opposing counsel, the judge, jury and court staff?
• What do I do to remain sane during trial?
• And more…!

Professionalism

1. Ethical Advocacy

a. How to interact with opposing counsel, the judge, jury, court staff?

b. What to say to create a respectful atmosphere despite the stress and pressure?

c. How to avoid incivility traps with the other side?

d. What are the parameters for dealing with witnesses? Refer to Rules of PC

e. What to say with a witness while they are still giving evidence?

f. What are the parameters for communicating with jurors? Refer to Rules of PC

g. Maintaining civility with opposing counsel; interactions with opposing counsel following the trial.

h. Remembering that a trial is how your reputation is formed

2. Legal Project Management/Best Practices (10 minutes)

a. How to be prepared in the right way?

Forms/checklists/examples/witness preparation

b. What to do to be organized? How to stay organized during the trial. How to anticipate your organizational needs. Enlisting help/joint book of documents/discussions with counsel/note-taking systems/keeping track of the evidence as it comes in.

c. Using effective time management systems

3. Remembering your roles as an officer of the Court and your client’s advocate

a. Duty to client to advocate to the best of your abilities

i. Knowing when to concede a point

ii. Knowing when not to concede a point

iii. Standing your ground with the Court

b. Duty not to misstate the facts or the law

4. Wellness

a. What to do to remain sane during a trial? Exercise/diet/what to avoid eating/what to avoid drinking/sleep.