About 60 days before trial, attorneys start thinking about which witnesses to call, what evidence to introduce and what themes to present. But waiting that long is a mistake. The right time is the beginning of the case.
Advance preparation like this offers several advantages. Both sides in hotly contested trials repeat trial themes to the jury. Evidence must support the themes. So, counsel can’t finalize the themes until she sees the documentary evidence and hear the witness testimony. The prepared trial lawyer can start identifying themes after reviewing case documents, then work them into every motion she files. That also lets her organize the key documents thematically.
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