There are many pressures that can push preparation of the jury charge to the bottom of the trial lawyer’s to-do list. But resisting them pays dividends in the form of more effective discovery; more successful motions; and more discerning case evaluation, mediation and settlement.
Most courts require preparation of the charge late in the scheduling order. The client may resist paying for that task until it is due, and procrastination plays a role, too. Sometimes counsel may not really focus on the charge until the informal charge conference, after the close of evidence. But this can be a chaotic point in the litigation process. As the Texas Supreme Court noted in State Department of Highways & Public Transportation v. Payne, et ux. (1992), the hectic nature of the charge conference can frequently lead to “even well prepared counsel scribbl[ing] [proposed instructions] out in long-hand sitting in the courtroom.”
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