How To Build A Case For A Trial
Attorneys know the in’s and out’s of building a case. Attorneys know that they can’t simply assume that a case will be settled, so they must immediately begin preparing themselves and their clients for trial.
Preparing for trial is a matter of developing a trial theme which will serve as the foundation on which the case is built. The next step is deciding how the theme will be played out during the trial. This means deciding the evidence that will be needed, the depositions that should be taken, the witnesses that should be interviewed and the motions that need to be filed. From this point on, the attorney must realize a basic premise of trial practice and this is no one can out work you or out prepare you. The attorney must be dedicated to achieving a thorough understanding of the case and to preventing surprises. The attorney will always keep in mind that unforeseen circumstances may require a modification of the theme.
Trial preparation means being the first to set the course for the trial. The plan must be to interview the witnesses first, demand written discovery first, subpoena records and take depositions before the opposing party does. There is a strong advantage to getting all of this done before the other side has a chance.
An attorney must think out of the box, must step outside of their comfort zone, to look at new ways to manage the case. Every case is different and yet every case can be the same, meaning that an attorney cannot assume that what worked for a similar case will work in the current case.
The case should be thoroughly researched to discover case law that may impact how the case is tried and what evidence may not be admissible. Research other similar cases that may have been affirmed or denied on appeal, or even modified. These important issues must not come as a surprise in the court room.
The attorney must develop a trial strategy that will provide the best chance of winning the case. This means knowing what each side must prove to win. It also means developing a step by step plan to win. A written and detailed plan will help the attorney do the right thing at the right time.
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