Best — continued from Page 40
going to be able to get it admitted in the trial. If you are uncertain how the evi- dence will come in, ask a friend to brain- storm approaches with you. Prepare an outline of key cases and arguments to bring to trial, going so far as to have a pocket brief if you think the judge may need briefing on the issue. • Identify evidence that you want to exclude and bring thoughtful motions in limine and/or consider requesting an Evidence Code section 402 hearing. Limine motions and 402 hearings are crucial tools to use to exclude evidence that you think is out of bounds. You must plan ahead regarding these motions. • Use technology. Whether you are going to try the case by yourself or with
another person, if you cannot afford to or don’t care to hire someone to run the technology at trial, you should still use technology to try your case. Use your iPad or your laptop, but please, use video depo clips and project documents, etc. You don’t have to use Sanction – there are much simpler programs now, even I can use them and they are afford- able. Explore Trial Touch, TrialSmart, Exhibit A, and other presentation pro- grams. Some are more robust, others less so. Find the one that you like best and use it. • Prepare like your client’s life depends on it. In most of our cases, our client’s future does depend on the outcome of the case. Prepare so that you have no regrets and you know you took no shortcuts.
Your client needs to understand that
their job at trial is not to tell their whole story, or be angry, or fight with opposing counsel, or prove that they are smarter than opposing counsel. In fact, those things can lose the case. Instead, your client needs to understand that she or he is there to help the jury understand what happened and to see the right thing to do. The jury won’t want to help the plain- tiff if he or she is defensive or combative. • Go watch others try their cases. It’s amazing what you can learn from watch- ing a trial done poorly and from a trial that is well executed. It’s one of those things – you really do know good and bad when you see them. Also, go watch jury selection and trials in your judge’s
See Best, Page 44
42 — The Advocate Magazine FEBRUARY 2012
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