A trial is a form of art. Like all kinds of performance,
mastering it requires preparation. To be an effective trial lawyer, young
lawyers should first know that writing persuasive legal briefs makes a sturdy foundation
for trial. Today, David Serna shares his insights from over 40 years of
experience as a trial lawyer.
1.
The court is your audience.
The jury and the judge are the readers of
your pleadings, motions, and other documents. Making them understand and
appreciate what you write and what you say are things all trial lawyers must
do.
Knowing the environment where the trial takes
place also matters. Visiting the courtroom will help acquaint you with the
equipment it has. The equipment available is not uniform for all courts. Some
have the latest technology while others don’t. Knowing what is available will
help you build your presentation more efficiently.
2.
Brevity goes a long way.
The simpler, the better. David Serna believes
that you are duty-bound, as a trial lawyer, to communicate with the court
effectively. You must make time establishing a logical and clear argument. Think of how to help the court understand your
case. By avoiding technical and highfalutin words, you help the court grasps
the facts you wish to establish, the cause of your case, and the relief your
client seeks.
You are not only taking up your time. You
are also taking up the time of the court. The court is burdened with a heavy
workload. We don’t want to waste their time. Keep your briefs brief.
3.
Proofread.
Your first draft is rarely ever your final
draft. Write and revise until you achieve the best and clearest flow for your
argument. Being updated with the most recent key cases will help you, not only
with advancing your client’s case, but also rebutting the opposing counsel’s
defenses and objections. Be sure that the cases you cite are not incompletely
quoted and to put them in the proper context.
