Don't try to describe the ocean if you've never seen it . . .
Elliot Willcox at Trialtheatre.com today reminds us why we need to visit the "scene of the crime" (not always the best terminology, by the way, if you are the defense lawyer in a criminal case), quoting sage advice from Jimmy Buffett:
So who was this sage? Perhaps you’ve heard of him: His name is Jimmy Buffett, and the advice he extolled came from the song “Mañana” on his Son of a Son of a Sailor album. Here’s what he told me:“Don’t try to describe the ocean if you’ve never seen it —
Don’t ever forget that you just may wind up being wrong…”Buffett has given us some great advice over the years (“I took off for a weekend last month, just to try and recall the whole year,” “Come Monday, it’ll be all right,” “Barmaid, bring a pitcher, another round of brew…”) but this is probably the most useful advice he’s ever given to aid your pre-trial preparations.
He's absolutely right - visiting the scene at worst will give us a mental image that we can draw on when speaking to the jury, and at best will give us valuable insights into the case - there is no telling what you will find that can be used in trial, when you go and have a look around in person.
It is hard to get motivated to get out of the office, when I have a hundred other things to do, when I'm not sure that this case is even going to get to trial, and the longer I put off visiting the scene the less likely it is to get done. Although late is better than never, the best time to go and have a look around is now - it may take a year or more for a case to get to trial, and a lot can change in the meantime.
We say, "show the jury, don't tell them," - first we need to show ourselves so we know what it is that we are describing/ showing to the jury. Don't try to describe the ocean if you've never seen it - don't ever forget that you just may wind up being wrong.
