One of the biggest challenges in legal practice is taking a client’s story and presenting it at trial in a way that is both easily digestible to the trier of fact and admissible under the rules of evidence. Clients come to us with their perspective, often believing they understand the entire story. However, breaking that story down and reconstructing it for someone unfamiliar with the case can be more time-consuming, complex, and expensive than young practitioners might anticipate.

Understanding Rules of Procedure and Evidence

A crucial first step for new attorneys is to familiarize themselves with the rules of civil procedure and the rules of evidence. While these rules do not have to dictate every decision, they should always be at the back of an attorney’s mind when speaking with a client, a witness, or reviewing documents. The key question should always be: Can this evidence be admitted, and for what purpose?

Utilizing Jury Instructions and Statutes

Both my co-presenter and I strongly recommend that young attorneys review the jury instructions for their case type or, if handling a statutory cause of action, examine the relevant statute. Jury instructions break down the necessary elements of a case, allowing attorneys to identify the required evidence, witnesses, and documents. By analyzing these components, attorneys can pinpoint gaps in their case or weaknesses in the opposing side’s argument that they can strategically exploit.

The Value of Scripting and Preparation

I script everything as if it were a high-quality television production. I write out the questions I will ask, the anticipated answers, and the witnesses I will use to introduce exhibits. I also make notes to ensure I formally request exhibit admission into evidence—something that is easy to forget in the moment. Writing everything out provides focus, reduces anxiety, and serves as a safety net in case I blank out under pressure. Having a structured plan also ensures that all crucial elements of a case are addressed.

Preparing Clients for Litigation and Trial

Preparing a client for litigation is different from preparing them for trial. Litigation preparation involves setting realistic expectations about the time, stress, and uncertainties involved. It is essential to discuss potential weaknesses in the case and evaluate settlement options.

Trial preparation, on the other hand, focuses on reassurance. Since I script everything, I ask clients practice questions and adjust my expected answers as needed. I also let them know that I have their anticipated responses in front of me so that if they blank out during trial, I can gently prompt them. This approach helps calm their nerves and ensures they do not feel alone on the stand.

The Importance of Clarity in Storytelling

My first job out of law school was working for a judge, which gave me insight into how cases are perceived from the other side. Attorneys and litigants often assume the judge or jury knows more background information than they actually do. It is crucial to introduce key details intentionally and in an organized manner.

Most people process stories in a linear fashion, making chronological organization an effective strategy. However, in some cases, it may be necessary to establish key facts first before providing background. The essential takeaway is to be intentional in structuring the case and avoid backtracking or confusion.

Managing the Outcome and Post-Trial Reflection

Once a case goes to trial, much is out of the attorney’s hands. Settlement remains an option even after judgment, though the negotiation position changes significantly. Attorneys must remind themselves that they did their best in preparing and presenting the case. If the ruling does not go their way, it is sometimes due to factors beyond their control.

Recognizing Red Flags in Potential Clients

Young attorneys should be aware of potential red flags when evaluating clients. For example, a client who approaches just before the statute of limitations expires may be difficult to work with. Similarly, a defense client who delays responding to a summons may not be reliable in completing necessary legal tasks. In civil legal aid, where clients must often handle their own administrative tasks to keep costs down, an unwillingness to do basic legwork can indicate future difficulties in the case.

The Importance of Professional Collegiality

A key piece of advice for young attorneys is to maintain collegiality within the profession. Being adversarial does not equate to being a better lawyer. Building professional relationships can lead to valuable mentorship opportunities and mutual support in the future.

Utilizing Resources and Seeking Help

New attorneys should not hesitate to seek help. Using templates, referring to court websites for standard pleadings, and asking experienced attorneys for guidance is not cutting corners—it is working smarter. These tools exist to help attorneys present their cases effectively to the judge or jury.

Final Thoughts

Mentorship, preparation, and professionalism are key to success as a young attorney. By understanding procedural rules, preparing thoroughly, and maintaining professional relationships, new lawyers can navigate the complexities of legal practice with confidence and effectiveness.