Tips for New Lawyers Going to Trial: Insights from Experienced Trial Lawyers

Embarking on your first trial can be an exhilarating yet daunting experience. To help you navigate the courtroom with confidence, seasoned trial lawyers offer their invaluable advice. Here are essential tips to set you on the path to success.

Observe and Learn

Keith Dozier, managing partner at Wm. Keith Dozier, emphasizes the importance of spending time in the courthouse. “Go to the courthouse, watch others try cases. Often, and take notes,” he advises. Observing experienced attorneys in action provides a wealth of knowledge about courtroom dynamics, argumentation styles, and effective trial strategies. Take detailed notes on what works and what doesn’t to refine your own approach.

Master Voir Dire

“Make voir dire your favorite part of the trial,” Dozier recommends. Voir dire, the process of jury selection, is crucial as it sets the tone for the entire trial. Becoming comfortable with this phase helps you connect with the jury, understand their perspectives, and tailor your arguments to resonate with them. It’s a skill that informs all subsequent stages of the trial and boosts your courtroom confidence.

Leverage Resources and Collaborate

To continuously improve your trial skills, immerse yourself in the resources available to trial lawyers. “Read/listen to the excellent resources available by AAJ and Trial Guides – over and over again,” suggests Dozier.

Additionally, workshop your case with other lawyers and use focus groups to test your strategies. “Focus groups are invaluable,” he adds, as they provide critical insights into how real people perceive your case.

Involve Your Client in Pre-Trial Preparations

Tad Thomas, managing partner at Thomas Law Offices, advises taking your client to the final pre-trial conference. “It gives them the opportunity to see the courtroom, find where to park, and get comfortable with the area,” he explains. This also allows the judge to see the human side of your case, potentially influencing pre-trial rulings in your favor.

Seek Mentorship and Support

Sheila Hiestand, partner at McCoy & Hiestand, PLC, highlights the benefits of learning from others. “Get in the courtroom as often as you can,” she says. Watching cases tried by attorneys you admire, or even by opposing counsel, can be highly educational. Don’t hesitate to ask older attorneys for advice; many are willing to share their knowledge.

Additionally, maintaining your mental health is crucial. “Make time for your mental health: eat right, exercise, take vacation, spend time with your family and friends,” Hiestand advises. Getting involved in your local bar association and trial lawyers’ association can also provide support and networking opportunities.

Know Your Case Inside and Out

Mike Damaso, partner at Wooten, Kimbrough, Damaso & Dennis, P.A., stresses the importance of thorough preparation. “Know every document, pic, video, item in that case better than the defense,” he insists. The lawyer who outworks the other typically achieves the best results. Superior knowledge of the case details can give you a significant edge over the defense.

Be Prepared and Respectful

Missy Luce, partner at Calwell Luce diTrapano PLLC, adds another layer of preparation and professionalism. “Be prepared and know your case inside and out. My adversary may be smarter, may have more resources, may have more talent, but my adversary will never be more prepared than I am,” she states.

Demonstrating candor and respect for the judge at all times is crucial. Anticipate the cross-examination of your own witnesses by practicing as if you were defense counsel questioning those witnesses and adjust direct testimony accordingly. Additionally, use your unique style to connect with the jurors effectively.

By following these tips from experienced trial lawyers, new attorneys can enhance their courtroom skills, build confidence, and increase their chances of success in trial.