Preparation for preparation
Trial prep begins the first day that we meet a new client, involves a myriad of tasks and varies from case to case. It can involve researching the legal issues in the case, gathering information and sorting that information as it comes in, meeting with witnesses, finding the story(ies) of the case, and finding the best way to present the evidence to a jury.
It occurs to me that I spend a tremendous amount of time preparing for that preparation – reading books on trial practice, talking to lawyers who have handled similar cases and brainstorming with them, attending seminars and constantly learning and improving.
The truth of the cliche, “the more I learn, the less I know,” becomes painfully clear as I continue in the process of learning trial practice and techniques, and I realize that it is a lifelong endeavor.
The methods that I am in the process of learning – cross-examination techniques learned from various people or books, used in different combinations depending on the type of case and witness, psychodrama which I have only scratched the surface of, methods of organizing information so that it is at my fingertips during a trial, storytelling skills, and more – these are all a part of preparation for all future trials, and when applied makes possible effective trial prep for any particular case.
I try to be aware, as each day passes, of whether I am only getting through each day’s tasks – returning phone calls, meeting with clients, responding to letters or motions from opposing counsel, putting out various fires as they arise – or whether I am also putting extra time into bettering myself as a person and as a trial lawyer.
It is never enough to just get by or to work only on the cases in front of me – extra time and study now can and probably will make the difference in someone’s life at some point in the future if I win their case because of the time that I spent learning today.
This type of trial prep happens after 5:00 and it happens on the weekends – when you have a busy and demanding law practice there is no other way to get it done.
