The art of litigation is similar to the art of living. For the litigator to become successful advocates in a client’s case, the lawyer must take learn various tricks and talents throughout his life journey and apply it to the specific condition of the case. Lessons that acquired during pre-school are as applicable as lessons learned in undergraduate, graduate, or law school. The daily experiences of our lifestyle, playing, competing, and sharing are vital as the knowledge of the law and experience in court. The art of litigation requires the artful amalgamation of intelligence, knowledge, understanding, emotions, and communication. It also requires boundless love—of the law, justice, people, causes, learning, education, writing, and debate. Litigation’s art requires the full application of the litigation lawyer’s head and heart.
Based on the trial experience and book, below are the few tips that young layers can adopt before trial:
Develop a “to do” list. Create a list of tasks before the hearing. Include deadlines, motions to file, witness framework, and practical items like supplies needed and food arrangement. Recognize the team member assigned to each task and review the list regularly to make that all goes well
Visit the courtroom. Look up the courtrooms to know the practical or technical issues that begin faced. Few courtrooms have the new technology, while others will be following the traditional methods. Before any trial, you should be aware of the use of the technology available and address any other practical matters.
Read everything. Reread all depositions, pleadings, exhibits, critical cases, and momentous court rulings. We should know that complaints and answers establish strong proof during the trial. Before trial, one should go through the allegations, the evidence, and the law properly.
Create your theme or a story. What is the story you will form before the trial? Click https://bit.ly/2WQRSal to know more as we have a detailed article about the same.
Create your jury instructions. It requires ample time and strategy to prepare jury instructions. Before trial, you should be a chief of the law and prepare your jury’s instructions. This preparation can be used as your guide as to what you must prove at trial.
Prepare witness outlines instead of creating queries. Experienced lawyers prepare sketches of areas of queries for witnesses rather than a series of readymade questions. While creating the story for trial, one should present it effectively through a conversation with your witness. Reading exact questions prevents you from performing a fluid problem and answer session with your witness. Of course, there are specific queries on direct that lawyer must ask promptly to establish a fact or to set up accuse questions on cross-examination, but those are the exceptions and not the rule.
Predicts evidentiary issues. Before the trial, the lawyer should master the rules of evidence before trial. Reread the rules so that they are fresh to mind. Before or during the case, anticipate objections and before that be prepared to address them. If the issue is significant, make a short memory prior to the trial that you can use as a brain map for your arguments. Bench’s memo could include legal citations and can be presented to the judge during a discussion on the issue.
Implement useful demonstrative aids. Judges and jurors rely more on a visual presentation, even in business cases. Demonstrative aids can use in your opening statements, with witness examinations, and during closing argument, to frame your story in a visual way that supports your case.
Prepare with closing arguments. Your closing comment at trial should cite the evidence and law that supports your theme and the merits of your case. Do not wait until the trial begins to prepare your closing argument. Prepare an outline before a trial starts that cites exhibits and testimony you expect will admit at trial, and modify your closing during the case as the evidence evolves. If you wait until you are in litigation, your closing argument will look unprepared and patched together—plan for a smooth and seamless closing.
Be a good observer and listener. In the courtroom, try to observe the jurors’ and judge’s facial expressions during the trial and listen to the message given by the judge as well as from the jury. Sometimes a judge will ask questions or make rulings that indicate what they think is necessary and whether they want to hear more from one party who is winning the arguments. In a few cases, the judge does not want to hear from a winning party. During the trial, be alert and try to read what the judge is asking before deciding whether an argument or question is essential.