F. Winning At Trial
A Rare, Trying Event
Trials in personal injury cases take place rarely, but often enough that you should know about the process.
It can take several years from the time your lawyer files suit until it reaches trial. Everything before then is called pretrial proceedings.
Scary Defense Lawyers
In all but the simplest negligence cases, defense lawyers will repeatedly attack, on often seemingly unreasonable grounds, what may seem absolutely nitpicky issues. What will shock the heck out of most clients is that a lot of these nitpicky issues become huge when a judge who spent his or her professional life doing the work of a defense lawyer for an insurance company is called on to rule in the case. They can be very sympathetic to the groaning and moaning of a defense lawyer pantomiming the anguish his or her corporate client will suffer if the judge rules against them. They can be smart, well-prepared, crisp, fast on their feet, and more effective that you want to believe.
Watch Your Lawyer and Learn
Generally speaking, clients should attend all court hearings, but should also not expect to be heard. If your lawyer looks like an idiot in court, however, start looking for a new lawyer if you love yourself and hope to win your case. There are an unfortunately large number of nicompoops with bar licenses loose in the courthouse, and if you don't see your lawyer making an ass of him or herself, you will probably see some other poor client being humiliated by his advocate's cowardice or lack of preparation. It will give you the right perspective, and if you have a good lawyer, you'll appreciate them more.
Trials are a special thing, though, and lawyers who zip through one court hearing after another often fall flat at trial. A trial is a plebeian event, judged by amateurs — the jury. The judge is constrained by an artful trial lawyer, who moves within the rules while taking full advantage of the court's theatrical potential. I don't mean a good trial lawyer is showy, although sometimes they are. But they are human. If your lawyer is effete, overly-intellectual, or looks like he'd feel out of place in a working class bar, then be sure and ask about their trial experience and record. Trial is war and you want a warrior if you're going there. While everyone has to learn, unless a beginning trial lawyer is unusually talented, the judge is helpful, and you have a very good case, allowing a trial lawyer to learn at your expense is something you want to avoid. He'll have other clients. You have only one case.
Courtroom Etiquette
If your case is going to trial, be sure you have an experienced, prepared, and well-heeled advocate sitting next to you at counsel table. When at counsel table, do not distract your lawyer by tugging his sleeve and whispering. Write notes on a legal pad in big letters and push them discreetly into his field of view.
Sometimes, especially in the big city courthouses where trials are long and difficult, your lawyer may not want you to sit at counself table, and don't insist on sitting at counsel table if they prefer not to have you there. It's theatre, and while the injured client is the star, many trial lawyers believe that the star should not be on stage the whole time. And remember that every second you are in court in front of the jury, you are testifying. Twelve people are reading your movements and expressions, and hearing your words. Never act rude or arrogant. Always dress appropriately, not showily. Be polite to everyone, and never speak aloud unless you are in the witness stand.
When you are on the witness stand, look at the jurors, not at your lawyer, once you have heard the question. If the opposing lawyer is questioning you, alternate your gaze from the lawyer to the jury, looking at the jury not for support, but to display your open honesty. Never try to joke with the judge or jury. It's poison. Never try to buddy up with everyone. Figure you're there to take a lie detector test, because you are. Don't be deferential or slavish, but do be polite and sincere. Answer questions to the point, settle on your meaning, and always be suspicious if the opposing lawyer is encouraging you, smiling, and approving. Be respectful of the judge, even if he or she seems crabby. They often are irritated with plaintiffs at the start of a trial, and warm up when the case shows some potential. Remember it's their job to act fair, so even if they like you, they try not to show it.
Stay Positive
Stay calm throughout trial, try and get good sleep, and look optimistic. Don't talk with your lawyer in elevators, hallways or bathrooms. There are jurors and other lawyers everywhere in the vicinity and an inadvertent word can be disastrous. You don't want to be seen whispering to your lawyer or otherwise acting like you're planning something. Visualize the jurors thinking positively about your case, and try to develop a sense of trust. They will feel it and try harder to give you a fair shake. Good luck!
By Charles Carreon
Trials in personal injury cases take place rarely, but often enough that you should know about the process.
It can take several years from the time your lawyer files suit until it reaches trial. Everything before then is called pretrial proceedings.
Scary Defense Lawyers
In all but the simplest negligence cases, defense lawyers will repeatedly attack, on often seemingly unreasonable grounds, what may seem absolutely nitpicky issues. What will shock the heck out of most clients is that a lot of these nitpicky issues become huge when a judge who spent his or her professional life doing the work of a defense lawyer for an insurance company is called on to rule in the case. They can be very sympathetic to the groaning and moaning of a defense lawyer pantomiming the anguish his or her corporate client will suffer if the judge rules against them. They can be smart, well-prepared, crisp, fast on their feet, and more effective that you want to believe.
Watch Your Lawyer and Learn
Generally speaking, clients should attend all court hearings, but should also not expect to be heard. If your lawyer looks like an idiot in court, however, start looking for a new lawyer if you love yourself and hope to win your case. There are an unfortunately large number of nicompoops with bar licenses loose in the courthouse, and if you don't see your lawyer making an ass of him or herself, you will probably see some other poor client being humiliated by his advocate's cowardice or lack of preparation. It will give you the right perspective, and if you have a good lawyer, you'll appreciate them more.
Trials are a special thing, though, and lawyers who zip through one court hearing after another often fall flat at trial. A trial is a plebeian event, judged by amateurs — the jury. The judge is constrained by an artful trial lawyer, who moves within the rules while taking full advantage of the court's theatrical potential. I don't mean a good trial lawyer is showy, although sometimes they are. But they are human. If your lawyer is effete, overly-intellectual, or looks like he'd feel out of place in a working class bar, then be sure and ask about their trial experience and record. Trial is war and you want a warrior if you're going there. While everyone has to learn, unless a beginning trial lawyer is unusually talented, the judge is helpful, and you have a very good case, allowing a trial lawyer to learn at your expense is something you want to avoid. He'll have other clients. You have only one case.
Courtroom Etiquette
If your case is going to trial, be sure you have an experienced, prepared, and well-heeled advocate sitting next to you at counsel table. When at counsel table, do not distract your lawyer by tugging his sleeve and whispering. Write notes on a legal pad in big letters and push them discreetly into his field of view.
Sometimes, especially in the big city courthouses where trials are long and difficult, your lawyer may not want you to sit at counself table, and don't insist on sitting at counsel table if they prefer not to have you there. It's theatre, and while the injured client is the star, many trial lawyers believe that the star should not be on stage the whole time. And remember that every second you are in court in front of the jury, you are testifying. Twelve people are reading your movements and expressions, and hearing your words. Never act rude or arrogant. Always dress appropriately, not showily. Be polite to everyone, and never speak aloud unless you are in the witness stand.
When you are on the witness stand, look at the jurors, not at your lawyer, once you have heard the question. If the opposing lawyer is questioning you, alternate your gaze from the lawyer to the jury, looking at the jury not for support, but to display your open honesty. Never try to joke with the judge or jury. It's poison. Never try to buddy up with everyone. Figure you're there to take a lie detector test, because you are. Don't be deferential or slavish, but do be polite and sincere. Answer questions to the point, settle on your meaning, and always be suspicious if the opposing lawyer is encouraging you, smiling, and approving. Be respectful of the judge, even if he or she seems crabby. They often are irritated with plaintiffs at the start of a trial, and warm up when the case shows some potential. Remember it's their job to act fair, so even if they like you, they try not to show it.
Stay Positive
Stay calm throughout trial, try and get good sleep, and look optimistic. Don't talk with your lawyer in elevators, hallways or bathrooms. There are jurors and other lawyers everywhere in the vicinity and an inadvertent word can be disastrous. You don't want to be seen whispering to your lawyer or otherwise acting like you're planning something. Visualize the jurors thinking positively about your case, and try to develop a sense of trust. They will feel it and try harder to give you a fair shake. Good luck!
By Charles Carreon