Practical Trial Considerations

First off--sorry about the lapse in posting. The end of the year just sneaked up on me.

Now, on to practical considerations when heading to trial. No, this won't be esoteric--very down to earth. First of all, you should have a small box, which I labeled "Trial Kit", already packed and sitting in your office. This will contain those items that you sometimes wish you had brought, but were not important enough in the scheme of things to make it to your master trial prep list.

You can obtain the box from a drug store or some such place. Mine contains the following items.

Personal items--Shout wipes, for those inadvertent spills and stains. I also have a Tide pen for the same reason. You do not want the jury focusing on that splotch on your clothing, and you don't want to be obsessing on it, either. Likewise, I have a little needle and thread packet, (obtained as a giveaway at a trade show or Bar convention) with buttons, and other repair items.

Computer help-- I have a couple of lens cloths for cleaning the laptop screen. (These can also, of course, work on glasses.) I also carry a USB thumb drive, for sharing information with co-counsel or getting something printed on a handy printer.

Client care-- First and foremost, a box of Altoids. I do a fair amount of criminal work, and some of these guys, particularly the ones who don't make bail, are a little careless with their personal hygiene. You are going to be talking with them in close quarters some, and you don't need the distraction of holding your breath. Sometimes these can be useful for co-counsel, too. And, of course, take one or two for yourself--you never know. Loose change for a drink can be a lifesaver, either for the client or you during breaks, so I have some in my kit. Further, I carry a fairly big Post-It Note pad for passing notes back and forth with my client. I find I can read and listen, but have trouble listening and listening. I need to hear the witness or the Judge, and I need to know what my client wants me to know. Likewise, I place a spare pen in my kit.

Trial care-- I think I am prepared for exhibits and cross, but just in case, I have a spare highlighter for emphasizing things, along with a Sharpie permanent marker. The highlighter, picked up again at a Bar Convention, is a triangular job with three colors and is all of 2 1/2 inches across. Perfect for my little kit. If something runs out of ink, I have a spare handy. I also have a spare pair of reading glasses in my kit, for anyone, including me, that may need some. Remember, you are the guide at trial, and you want the jury to know that you are the one to trust. Helping people see what they are talking about builds your credibility and likability.

I was also lucky enough to obtain a small NITA Federal Rules of Evidence book when I attended the National Institute for Trial Advocacy course. This is very handy to have when the Judge strays into an unexpected sidebar on these rules. You can order this online.

That's it. Small and effective, I don't have to sweat the small stuff, because I have the small stuff covered. Why is this important? I think that most trial lawyers have a degree of obsessiveness built in. Following the Boy Scout motto of "Be Prepared", I won't stray from my main purpose and I will come across to the jury as the lawyer who they can trust because he is prepared.