In the lexicon of many trial lawyers, the notion of going to trial invokes analogies of going to war. As I stood next to a U.S. Army colonel recently after a trial, I realized that the analogy is too quaint, and while distinguishable in critical ways, it certainly provides a model for thinking about trial preparation. In the crucible of a courtroom, the other side wants to defeat your client’s claim or defense as much as your team wants to achieve victory. As an associate, the prospect of a trial can feel daunting. Here are several important considerations as your team steps into the limelight of the courtroom.
Take the Long View
It is never too early to think about framing the case for a successful trial. As every lawyer knows, in many cases, including large and complex commercial cases typically litigated in New York state and federal courts, there may be a lengthy time lag from the filing of a complaint to that first day of voir dire. As an associate, you may start working on a case fresh out of law school only to find yourself sitting at counsel table years later. During that time, among other things, you have reviewed documents, drafted motions, briefs and discovery responses, prepared witnesses and taken and defended depositions. Remember that you are not acting in a vacuum during the pre-trial period. Routine objections that are buried in a deposition transcript may be subject to challenge years later at trial when your adversary seeks to rely on the purportedly objectionable deposition testimony. Will the presiding judge agree with you in the cool light of a trial day? It is important to think about every little issue as it could be subject to challenge down the road. Moreover, as an associate you should endeavor to learn and develop document management skills, including becoming well-versed in all electronic document depositions and e-discovery rules, which are constantly in flux.
Consider Your Role as a Member of a Team
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