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Bar News - October 19, 2012 Trial Tips: Every Moment in Trial Is an Opportunity
Use every opportunity to be an advocate. Be mindful about what you are saying and doing in court, and don’t be aggressive. Don’t come off as a highfalutin’ lawyer. Present yourself well and do your best to relate to your audience. Always remember your audience. Your presentation might be different for a bench trial than a jury trial. Use descriptive details in your writing and oral arguments. These create mental images that jurors will take with them to the deliberation room. And make sure to establish the background of your witnesses, even if it’s not positive. You don’t want the jury to hear about the checkered past of your witness for the first time during cross-examination. Make sure the jury can see and hear what you’re doing. Use exhibits effectively and publish them to the jury and present them in a large enough format so that they can be seen. If the jury can’t see or hear, the lawyer can’t win. Juries pay attention to everything you and your client do in court. Even when you’re not presenting or examining a witness, members of the jury watch your actions, facial expressions, mannerisms and levels of professionalism and organization. Likewise, advise your client that jurors are watching, even when he or she is not testifying. You can’t control your client, but do your best to make sure he or she doesn’t show up to a sentencing hearing wearing swim shorts, for example. Listen to what the witness is saying and respond to it. Trials aren’t scripted, and witnesses often say unexpected things. Make sure you’re paying attention and responding appropriately to the answers. Recognize if a witness seems nervous and ask him/her to explain, to avoid the jury misinterpreting his or her behavior. Make sure witnesses explain terminology or slang terms, to make sure the jury understands. Expert testimony must be comprehensible. Spend the time to prepare your expert to use layman’s terms to explain scientific terminology as much as possible. Do your best to balance your desire not to insult the intelligence of your audience with your desire to make the testimony and evidence clear and understandable. Practice. Rehearse your openings and closings in front of people who know nothing about the case. Don’t let your presentation get bogged down with too many names or details. Use only the names of central witnesses. Practicing your presentation can help you step out of the weeds of the case and get an outside perspective. Use technology effectively. Proper tech tools can enhance a presentation and the credibility of the lawyer. This program is available online, on DVD or in audio format. Visit the NHBA CLE Online Catalog. |
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