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Published byMartha Parrish Modified over 8 years ago
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Week Nine Seminar 1
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By the time that the pleadings have been settled, discovery has been completed, and motions have been resolved, everyone has a pretty good idea of what a case is about and what will have to be done to win the case But organization is the key 2
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Organization What are the facts? What’s admitted? What do we have to prove? How will we prove it? What is the law? Where are the strengths? Where are the weaknesses? 3
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Legal analysis What are the legal issues in the case? What is the law on those issues? There should be a written brief on any issue that is expected to be an issue 4
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What is our evidence? What does it prove? Is there anything that needs to be done to establish a basis for introducing that evidence? Are there legal issues related to our evidence that needs to be briefed? What is the evidence that we can expect the other side to offer? Do we have a basis for challenging that evidence? 5
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Who will the witnesses be? What will each say? Will there be a problem with having a witness testify? Brief of the legal issues Do we need to establish a basis for a witness to testify (expert witnesses)? As to witnesses presented by the other side, can we challenge their testimony? On what basis? 6
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Trial strategy – the blueprint for the trial What is the order of witnesses? When is evidence presented and how? What can we expect the strategy of the other side to be? What can we do to disrupt the other side’s strategy? 7
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Trial notebook Schedule – pre-trial and trial Directory – list of witnesses and others to contact Pleadings Witness list Exhibit list Motions and disposition Voir dire questions – jury qualification 8
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Trial notebook (continued) Opening statement Investigations Memoranda of law Direct examinations Cross examinations Jury instructions 9
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Pre-trial conferences At the discretion of the court To establish timelines To dispose of any remaining motions and issues Simplifying issues/stipulations Arbitration? Settlement 10
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Witnesses who may have to be forced to attend and testify should be subpoenaed Record evidence must be authenticated 11
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Preparing the client Sincerity Balance full answers against volunteering information Avoid unpleasantness Think before answering Keep answers relevant/don’t guess Correct errors made Agree, don’t admit 12
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Uncooperative witnesses Anticipate Ask to treat a witness as a hostile witness Be prepared to contradict a witness with admissible evidence 13
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Selecting the jury Jury pool Jury panel Voir dire examination Alternate jurors 14
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Opening statements Burden of proof Plaintiff’s case Motions to dismiss 15
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Defendant’s case Plaintiff’s rebuttal Defendant’s rebuttal Final arguments 16
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Jury instructions Jury deliberations Verdict Post-trial motions Appeal 17
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