I was fortunate to participate in my first trial at the Superior Court of Justice just a couple of weeks ago. It was an eye-opening experience that challenged me and taught me many invaluable lessons. Here are four key takeaways and observations from those two weeks:
You Can Never Be Over-Prepared
It goes without saying that the cornerstone of success in any trial is preparation, preparation, and more preparation. There is a ton of work in the lead-up to a trial, and not enough hours in the day to juggle trial prep and your other files. It is essential to plan out your trial prep weeks in advance, ensuring that you can meet both your other professional and personal obligations. Start as early as possible.
Do you have expert witnesses? Schedule several preparation sessions with them as soon as you can. Remember that your expert witnesses have other professional commitments so it is crucial to allocate ample time with them to discuss their expert report, practice your examination questions, and refine those questions with their input.
Your client, if testifying, will need thorough preparation as well. Conduct practice cross-examination sessions with them to anticipate challenging questions that they may be asked by opposing counsel. It’s not uncommon for clients to be caught off-guard by how easily gaps are identified in their testimony. A key aspect of preparing your client is foreseeing the weaknesses in your case and considering what opposing counsel may target during cross-examination.
Lastly, read and re-read all pleadings, documents, reports, and transcripts. You never know what details you might catch on subsequent review that will be helpful, even incrementally, to your case.
Learn by Observing and Collaborating
I was lucky to work with counsel whose clients’ interests were aligned with my client’s in this trial. Working as a team allowed us to divide up tasks and responsibilities, which made trial preparation not only more manageable but also more insightful and effective. We brainstormed and ran ideas by each other, had multiple perspectives and fresh sets of eyes in drafting pleadings and other written material, and leveraged each other’s strengths.
As this was my first trial, collaborating with experienced trial lawyers was invaluable. I was not shy about calling or emailing them when I had questions, and they were gracious about sharing their knowledge and tips with me. Their guidance taught me a lot about the nuances of trial and courtroom procedure.
Additionally, I gained a wealth of knowledge by observing both aligned and opposing counsel during chief and cross-examinations and when addressing the court. Watching their oral advocacy techniques, strategic approaches, and courtroom demeanour taught me a lot about effective advocacy and legal practice.
Go With the Flow
No matter how much you prepare, prepare, and prepare in advance of trial, surprises are an inherent part of trials, and maintaining flexibility is important. Whether it is a last minute witness schedule change, technology issues, or an unexpected objection from opposing counsel, you need to be prepared to adapt and adjust.
If a line of questioning isn’t eliciting the responses you expected, be prepared to adjust your strategy, rephrase your questions, or move on revisit that question again later. It’s normal to feel frazzled when things don’t go as planned, but stay calm as best as you can. Maintaining your composure will help you think clearly and respond effectively.
While thorough preparation lays the foundation for a smooth trial, your ability to adapt in the courtroom is equally important in being an effective advocate. Embrace the unexpected, and turn challenges into learning opportunities.
There is Always Room for Improvement
As lawyers, we should strive for excellence, but it’s important to acknowledge that perfection is unattainable, no matter how many years of experience or trials you have under your belt. At the conclusion of every case, it’s natural to look back and think about that one additional question you wish you asked, how you might have rephrased a key point in your closing arguments, or the objection you wish you had raised.
Instead of dwelling on what you perceive to be mistakes, view them as valuable opportunities for reflection and growth. Each case and trial is a chance to learn, refine your legal knowledge and advocacy skills, and set the stage for future success. Adopting this mindset allows for continual improvement and ultimately makes you a better lawyer and more effective advocate for your clients.
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.