Practice Management

I got an email that says I never seem to discuss anything about actually trying a case, and that is what new lawyers and solos need to know.  I returned the email and asked what they wanted to know.  The writer said the technique I use to try a successful case.  I have thought about it, and here is what I do.

A trial is about two different story lines -- yours and theirs.  You need to worry about your story line and quit trying to respond to or deal with theirs.  I have the luxury of trying most of my cases in front of a federal judge and not a jury, so this helps a little.

My opening and my closing statements or arguments are nearly the same.  They exactly follow the elements I need to prove in order to prevail.  I make sure this corresponds with my client's firm understanding of the case and with the Findings of Fact and Conclusions of Law that I filed, along with any briefing on unusual or difficult issues.  If you follow the elements you need to prove, you do not have to worry greatly about every defense or argument that the other side might want to present because these are covered in your presentation.

My opening and my closing statements, as well as the testimony I solicit, follows in time line fashion.  Why make it hard for someone, judge or jury, to follow the chain of events?  Also, it makes it easier for you to prepare a case, and remember the facts of the case.

I keep my opening and closing and testimony brief.  Typically, an audience gets bored and their minds wonder after 10 minutes.  I try to keep it substantially under this.  Too long and you will confuse everyone.

Part of presenting your story line is to not override the memory buffer.  In technical terms do not try to cram too much bandwidth into a pipe that carries much less. 

Along the same lines, I do not sweat the small stuff.  You do not have to run down the every trail you are invited to run down.  You do not need to follow the other side down every rabbit hole it seeks to distract the judge or jury from the facts of the case.

I rehearse the opening and closing.  I use very few notes.  Keeping it short helps.

If you keep it simple, state clearly the elements that must be established and the facts you will prove up, then prove up just those facts, and then close by relating that testimony (facts) with those elements necessary to prevail, it is neither that overwhelming, the trier of fact can follow you, you look credible, and you will prevail if your client deserve to.

That is the best I know to tell you.