what to tell a lawyer before trial

1. Have You Argued a Case Before This Judge? Procedures may differ slightly from one county to another, and each judge...
2. Have You Tried Similar Cases in the Past? Before the trial begins, make sure your defense attorney has specific...
3. What’s Your Strategy? Knowing your lawyer’s legal strategy and why they decided on that approach can help you...

Full Answer

What should a client do to prepare for a trial?

The client should be prepared to engage in numerous (at times seemingly endless) settlement discussions in the midst of trial preparation and to answer innumerable questions from the litigation team as to background, facts and personalities of witnesses and parties. The client usually takes the stand.

What makes a good trial lawyer?

A good trial lawyer will keep the theme of the trial in mind through all the complex changes in circumstances throughout the trial and will seek to anticipate the defenses of the other side and the counter arguments they will advance to demonstrate why your storey is wrong and theirs is right.

How do you prepare for a court case?

Include deadlines, motions to be filed, witness outlines, and practical items such as supplies needed and lunch arrangements. Identify the team member assigned to each task and review the list regularly to make sure nothing is forgotten. Visit the courtroom. Visit the courtroom to identify practical or technical issues.

How do you prove that story to a jury?

It is the task of your trial counsel to prove that story. Recall that a jury normally takes no notes of the days of testimony and after days or weeks of testimony, only have a general recollection of the witness statements.

What do you say before court case?

You· and each of you, do solemnly swear (or affirm) that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial) You have the right to remain silent. Anything you say may be held against you in a court of law.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you prepare for a trial of a case?

7 Tips for an Efficient and Effective Trial PreparationPlanning every aspect of the case. ... Ensure proper communication between all members connected to the case. ... Know the judge presiding over the case. ... Preparing witnesses for trial questionings. ... Prepare to always present a calm demeanor. ... Prepare a believable story.More items...

What must you say before the presence of a lawyer?

The wording used when a person is read the Miranda Warning, also known as being 'Mirandized,' is clear and direct: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

How do you win a trial?

One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal 'motions' to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This ...

What are the 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.

What should I expect in a trial?

The judge makes decisions about the law, like whether the prosecutor met the burden of proof, and whether certain evidence admissible. She also oversees the conduct of the trial. The jury will evaluate the evidence presented, then decide whether the evidence is credible, and whether or not to convict the defendant.

What are the 5 Miranda warnings?

Know Your Rights: What Are Miranda Rights?Who Is Ernesto Miranda? ... You Have the Right to Remain Silent. ... Anything You Say can Be Used Against You in a Court of Law. ... You Have the Right to Have an Attorney Present. ... If You Cannot Afford an Attorney, One Will Be Appointed to You. ... Arrest Without the Reading of Miranda Rights.More items...•

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

How do I present my case to my lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.

What is a good trial lawyer?

A good trial lawyer will keep the theme of the trial in mind through all the complex changes in circumstances throughout the trial and will seek to anticipate the defenses of the other side and the counter arguments they will advance to demonstrate why your storey is wrong and theirs is right.

How long before trial do you have to do paperwork?

And almost all of that will be done in the last thirty days before trial. While paralegals and clerks will assist the attorney and perform much of the paperwork, the attorney must be fully familiar with each aspect of the preparation and must personally know and approve of every significant step being taken.

How long does it take to prepare for a cross examination?

A typical preparation will require four or five hours of practicing direct examination and an equal amount of time playacting cross examination. Helping prepare other witnesses and cross examination. Most witnesses will know the parties and the client is often an old acquaintance or colleague of an important witness.

What is the role of the client in the last thirty days?

THE ROLE OF THE CLIENT IN THE LAST THIRTY DAYS. The client plays a critical role in the last thirty days and while not involved in much of the work described above, is usually involved in vital aspects of trial preparation. No one knows the facts and the goals of the litigation better than the client.

What is the theme of trial and the basics of preparation?

OVERALL THEME OF THE TRIAL AND THE BASICS OF PREPARATION: A case well presented tells a story. Even a defense case tells a story. A judge or jury should be able to understand your story in a few sentences. It is the task of your trial counsel to prove that story. Recall that a jury normally takes no notes of the days of testimony ...

What is the most frustrating aspect of trial?

One of the most frustrating aspects of trial is that one must prepare a case as if no settlement will occur, yet that settlement may occur at any moment, making most of the preparation useless.

What is a trial notebook?

The trial notebook contains the various briefs, direct and cross examinations, opening and closings, instructions to the jury, and evidence and documents of relevance, plus whatever else the particular attorney fees he or she will need during trial. 1. Pretrial briefs and Motions outside the presence of the jury. 2.

Can you go to trial in a civil case?

Most criminal and civil cases are settled through a plea agreement; but, in some situations, you may have no choice but to go to trial. Courtroom proceedings are always stressful, especially if your future is at stake. Knowing what to expect beforehand can provide some peace of mind and help you make better decisions. To get prepared, below are a few questions to ask your defense attorney in advance.

Can a defense call a defendant to the stand?

In criminal cases, only the defense can call a defendant to the stand, but whether or not testifying may be in your best interests depends on a number of factors specific to your case.

What to do when you are in trial?

If you wait until you are in trial, your closing argument will look unprepared and patched together. Plan ahead for a smooth and seamless closing. Watch and listen. Watch the jurors’ and judge’s facial expressions during trial and listen to the message being sent by judge and jury.

How to prepare for a trial?

Be alert and try to read what the judge is really asking before deciding whether an argument or question is really necessary. Learning from trial textbooks is critical to preparing for trial, but be practical in your approach and be prepared for the unexpected. Ask for help from those who have been through a trial.

How to prepare a closing argument?

Prepare closing argument ahead of time. Your closing argument should cite the evidence and law that supports your theme and the merits of your case. Do not wait until trial begins to prepare your closing argument.

How to prepare jury instructions?

It takes significant time and strategy to prepare jury instructions (or proposed findings of fact and conclusions of law in non-jury cases). Become a master of the law and prepare jury instructions well in advance of trial and use them as your guide as to what you must prove at trial. Prepare witness outlines, not questions.

Why do you read exact questions?

Reading exact questions prevents you from presenting a fluid question and answer session with your witness. Of course, there are certain questions on direct that you must ask precisely to establish a fact, or to set up impeachment questions on cross-examination, but those are the exceptions and not the rule.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What to Look for When Hiring an Attorney

Hiring a criminal defense lawyer is a significant undertaking. There are nearly 1.4 million active attorneys in the United States: how can you be sure that you're choosing the right one for your case?

1. Do You Have the Right Experience?

One of the most important factors affecting how likely you are to win your case is the experience of your lawyer. For instance, if you are facing drug charges, you don't want to have a lawyer who is only experienced in DUI cases. You need to know if they in misdemeanor or felony cases or both.

2. Are You a Good Communicator?

Laws can be very difficult for laypeople to understand at the best of times. If you're stressed about the case, understanding the ins and outs of legal details can be even more difficult. A lawyer with great communication skills can help reassure you and help you understand more about your case and charges.

3. How Do Previous Clients Feel About You?

You can tell a lot about a lawyer by what their previous clients think of them. You should check out Google reviews of the lawyer in question to see what they have to say. A good attorney-client relationship will give you confidence that you can trust the attorney.

4. What Is Your Fee?

Hiring a lawyer can be expensive. When hiring a lawyer you need to consider the budget that you're willing to spend and look at attorney fees with a critical eye.

5. Do You Guarantee a Result?

No matter how good a lawyer is, they can't guarantee that the trial will go your way. They aren't clairvoyant and no matter how hard they fight, you still might still lose or get found guilty.

Finding the Right Criminal Defense Lawyer

Looking for a criminal defense lawyer can be difficult and time-consuming. You want to hire a criminal defense attorney that will fight for you. If you've found our article illuminating then we'd be happy to show you more of what we can do.

Have You Argued A Case Before This Judge?

Have You Tried Similar Cases in The Past?

What’s Your Strategy?

• Knowing your lawyer’s legal strategy and why they decided on that approach can help you mentally prepare for the trial. Even if you don’t fully understand the arguments, your attorney should be able to clearly articulate their purpose.

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Will We Need Expert Witnesses?

Should I Testify?

What Evidence Will You Be submitting?

What Are The Most Likely Outcomes?

Is A Plea Agreement Possible?

Is There Anything I Need to do?

How Much Will This Cost?