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How to Prepare for Trial: A Note

(An occasional/sporadic series, with Parts One, Two, Three, and Four.)Here's a tip, it's not really a step.  And it's something you already know, but it bears repeating.Start early.  Stop procrastinating.Sometimes you'll hear lawyers say, "Well, we'll get through jury selection and opening arguments today, so I'm ready for that, and tonight I can prepare my cross-examinations for the first few witnesses."  Yes, there are times when you get stuck "winging it" like that, but that should be the exception, not the rule.  That should be the last resort, not the plan.Because things happen.  And if you leave your cross-examination until tonight, that means that if an unexpected issue comes up out of nowhere, and the Judge asks you "Why don't you write a short memo on that for tomorrow morning?"  Then you will spend the night frustrated, staying up later than you should, writing that memo and thinking "I still need to write my cross-examination!" Or, when your expert flakes on you, and you have to spend the night finding a new expert, or going out to check the scene for one more thing you hadn't thought of the first few times you visited it, or when your client starts talking crazy things during the trial (like "I think I'm going to have to testify, because you're not saying what I want you to say!" but you've only gotten as far as voir dire!), it's good to know you're already at least as prepared as you can be...continue to full post

Full post as published by Blonde Justice on April 21, 2010 (boomark / email).