Legal Research

"Good Trial Attorneys Learn How to Make Adjustments During Trial"

This post was written by Jackson and Wilson, Inc.: "We just finished up an exciting season of Little League baseball. Watching the kids during our last game reminded me about something our coaching staff has been telling the players all season long--to make adjustments during a game.

Here's what I mean.

When a player is up to bat and swings and misses, he is told to make an adjustment. If the pitcher is throwing a slow ball, the player is told to "adjust' and move up in the box to accommodate the different timing of the pitcher's release and batter's swing...

What does this have to do with trial? In my opinion, quite a bit. With most other things being equal, I truly believe that the attorney who knows how make proper adjustments during trial is probably the attorney representing the prevailing party at the end of the case. Learning how to make adjustments is just that important!

A smart trial lawyer knows when to speed up or slow down while asking questions during voir dire. He knows when to adjust or change his demeanor when giving an opening statement....

Depending on the flow of the trial and interaction with the judge, a good trial attorney will adjust how he agrees or disagrees with the court's rulings or other suggestions. How you react to a judge's ruling can send powerful signals to your jury....

But in most instances, knowing when to make adjustments comes with experience and simply understanding human nature. The more cases you try, the faster you'll realize and the better you will get at making needed adjustments on the fly. It's just something that will become clear to you over time.

The important thing is to be aware of this technique and also make sure you become a student of human nature. Learn how to read your judge, jury, witnesses, and opposing counsel. After all, learning how to make small adjustments can be the difference between striking out or hitting a home run at the end of your next trial."

The full text of this interesting post is available by clicking on the author's name.

Source: TrialPracticeTips.com, 7 June 2010,  reproduced with permission of the author.

Full post as published by Stark County Law Library Blawg on July 23, 2010 (boomark / email).