3 Things Lawyers Must Do While Preparing for Trial

Lawyers must always thoroughly examine the evidence offered by both sides. Every piece of evidence and every testimony carries a specific objective. Lawyers must prudently consider the purpose to be carried out for each and prepare according to each set of goals.

David Serna believes these are the preliminary steps to a successful direct and cross-examination. Today, he discusses the three things all lawyers must do while preparing for trial.

1.       Keep in mind the objective you are achieving

Knowing and understanding the objective of the witness’ testimony will help you frame your questions, both for direct and cross-examination. Without definite objectives, you will only end up hurting your case.

When conducting a direct examination, for instance, the objective is to build a story and to make the jury remember that version of the story. On the other hand, when conducting a cross-examination, the counsels must be gauge whether the witness will harm or help their side of the case. If it is more harmful than helpful, the lawyer should dispense with cross-examination.

2.       Understand the challenges confronting each side of the case

Each side of the case has its strengths and weaknesses. Lawyers must always be at least one step ahead of their opponent. David Serna says that they must be able to anticipate the defenses, rebuttals, and objections that will be set up against their witnesses and evidence.

For instance, if you are the prosecutor, you must remember that the defense counsel’s tactics will involve undermining the State’s case. On the other hand, if you are the defense counsel, you must remember that strength is found in evidence that will cast doubt as to the commission of the offense charged against your client.

3.       Identify the legal parameters and limitations of each side of the case

Each side is limited by a specific set of rules. Lawyers must remember that each there are State-specific rules of evidence. Knowing what these are will help counsels craft questions for direct and cross-examination.