NW Lawyer - April/May 2014

Young|New Lawyers
gument, it’s often not enough if your
client doesn’t resonate with the jury,
especially in close-call cases. On the
other hand, a wonderful client covers
a multitude of deficiencies and can tip
the scales in your favor.

Therefore, long before trial begins, honestly appraise your client. What are his or her personal strengths and weak-nesses? Build your case around these factors. In my trial, my client had volunteered much of her time to worthy causes, so I made sure we talked about this at trial. In retrospect, however, I would have spent even more time having her share her background with the jury. This discussion may not be pertinent to show why she is entitled to prevail under the law, but it is important in terms of developing a connection. If the jury doesn’t relate to your client on a personal level, they will be far less inclined to interpret the law and facts in your client’s favor.

Preparation Is Inseparable from
Competence

Winning in the courtroom is, according to Gerry Spence, author of Win Your Case, not so much a reflection of the genius of the lawyer but of that lawyer’s preparation. Spence’s advice is sound: Good preparation is essential to a successful trial because it is impossible to separate competence from preparation. And by preparation, I’m not talking about that frantic whirlwind of activity that occurs in the weeks leading up to trial. I’m talking about starting early and focusing from the beginning on what really matters.

To sharpen your focus, draft a tentative set of jury instructions before filing your lawsuit or answer. Many lawyers wait until the last moment to draft jury instructions. I’ve even heard of lawyers doing jury instructions after trial begins! This is backwards. Starting with jury instructions makes more sense because having a clear idea of what you need to prove helps you know what you need to accomplish during discovery.

With trial months away and the
jury nowhere in sight, some lawyers
go through the motions when it comes
to discovery. For instance, depositions
bore some lawyers. I never understood
this. The jury will eventually become
acquainted with what happened in dis-
covery. That’s why I take discovery as
seriously as if it was happening in front
of the jury. And that’s why I told my cli-
ent that the trial actually started during
her deposition.

Appreciate Your Staff

The vast majority of lawyers do not do all of their own legal work. They have help from staff, including paralegals. Appreciate your staff. If you take your staff for granted, either they will eventually leave or you will fail to get the most out of them.

A good paralegal can be the difference between a bearable and unbearable work life. Good paralegals support their attorneys in navigating the logistical obstacle course that is litigation. They have valuable insights, make a great sounding board, help you avoid mistakes, and communicate with your clients, often more effectively than you do.

In my first trial, I was fortunate to have the assistance of a very competent and experienced paralegal, Pam.

Pam had been around the block and
she helped make my first trial experi-
ence smoother. Besides coordinating
the witness schedule (and I had ap-
proximately a dozen witnesses), she
provided valuable feedback, both dur-
ing discovery and at trial. I geared my
in-trial presentation to Pam. If it didn’t
work with her, how could I be justi-
fied in thinking it would work with the
jury? Sometimes I lost objectivity. Pam
helped me get it back. Your paralegal
can do the same, so regularly demon-
strate your appreciation.

Trial practice, civil procedure, and evidence courses in law school are all about the intellectual side of trial. My first jury trial, however, taught me just how important the human element is. It’s a lesson I won’t forget. NWL

Joel Matteson
is a sixth-year
attorney and is
in-house counsel
for Barlean’s
Organic Oils,
LLC, in Ferndale.
Contact him at
joel.matteson@barleans.com.