Trial dates can often arise quickly after long delays, so it's vital to be well-prepared. Staying organized and proactive is essential to effectively navigate the complexities of legal proceedings. By anticipating challenges and maintaining a strategic approach, you can improve your readiness and ensure a smoother experience in the legal landscape.

What should lawyers include in their trial preparation to-do list?

Several key items are crucial for a trial preparation to-do list, such as scheduling meetings to re-engage clients and witnesses, witness preparation sessions to teach trial testimony skills, and preparing thorough voir dire questions that address jurors' perspectives on case relevant issues.

Being prepared allows attorneys to anticipate challenges, respond effectively to unexpected situations, and present a case or argument confidently. Just as preparation reduces test anxiety, it also reduces witness anxiety during trial.  Being prepared promotes clarity of thought and enhances performance – whether in a courtroom, workplace, playing field, or any high-stakes environment. 

Since the stakes are always high when preparing for a trial, a go-to trial preparation to-do list is essential. Whether you are a seasoned attorney or are preparing for your first big case, here are some key steps to keep in mind:

1. Re-engage your Client and Key Witnesses

The first step in trial preparation is to reconnect with your client and key witnesses. Lengthy postponements may have led to many cases being put on hold, causing witnesses and clients to shift their focus elsewhere. With trial dates now established, it's essential to realign everyone’s attention.

Begin by scheduling meetings—whether in person, via Zoom, or over the phone. Discuss the trial schedule, expected timelines, and the level of participation required from each witness and key members of the client’s team. Clarity around roles and responsibilities is crucial in the lead-up to the trial, making this initial step vital.

Attorneys can enhance their preparation by ensuring copies of the depositions are available for review. Additionally, assigning "homework" to each participant will help them prepare for what lies ahead. This proactive approach fosters a more streamlined and effective trial process.

2. Organize Witness Preparation Sessions

Preparing witnesses is a crucial and continuous process, often starting well before a trial. It's important to note that there is often a significant gap—sometimes months or even years—between a deposition and the actual trial, during which cognitive decay may occur. 

To mitigate this, be sure to include "booster" witness preparation sessions in your pre-trial checklist. During these sessions, review the witnesses' previous deposition and the depositions of other witnesses, discuss any developments in the case, and refresh their understanding of courtroom requirements. This approach not only helps them recall vital information, but also sharpens their presentation of evidence, especially when facing cross-examination. By actively engaging with witnesses in this manner, you empower them to perform effectively in court. It is also important to have all witnesses undergo neurocognitive witness training to prepare for the differences between deposition testimony and trial testimony. Since the witness will be subjected to both cross-examination and direct examination, it is imperative that they are prepared for the questions and approaches of both their own counsel and opposing counsel. 

3. Prepare for Voir Dire with a Focus on Current Issues

Jury selection is another critical component of trial preparation. The modern jury pool has been shaped by the events of recent years – whether they’ve suffered financially, dealt with mental health challenges, or have had experiences relevant to your case and/or client’s industry – are essential areas to explore during voir dire.

To enhance your trial preparation, include questions in your to-do list that gauge jurors' perspectives on relevant issues. Filing a motion for a supplemental juror questionnaire can be an effective strategy to gather this essential information, while ensuring jurors don't feel uncomfortable disclosing sensitive details in open court. If this option is unavailable, consider crafting meaningful questions that invite jurors to express their honest opinions. This approach not only respects their comfort but also enriches your understanding of the jury's viewpoints.

4. Adapt to Juror Emotional States

A comprehensive trial preparation checklist must consider jurors' emotional states. In recent years, many individuals have encountered substantial stressors, and these emotional states can significantly impact how jurors interpret testimony, assess evidence, and judge the credibility of witnesses. 

Integrating an evaluation of a juror’s emotional health into your voir dire strategy is essential. Given the rising focus on mental health, attorneys should exercise caution when selecting jurors who may be emotionally unstable or inclined to make irrational decisions. 

To better determine a prospective juror's suitability, focus on questions addressing attention span, emotional resilience, and willingness to participate in a deliberation environment. This approach will enhance your ability to determine if an individual is a juror you wish to keep or strike.

5. Keep Opening Statements Clear and Concise

Because juries' attention spans are shorter than ever nowadays, they might not follow a lengthy, drawn-out opening statement. Be sure to refine the opening statement to be brief but powerful. Stick to a 20- to 30-minute opening, and avoid dragging it out any longer than necessary. 

Follow these 5 steps for a successful opening statement:

1.  Start with a strong hook

2.  Present your best evidence and arguments upfront

3.  Establish credibility through sincerity and confidence

4.  Play devil’s advocate and address unfavorable facts

5.  Close with a powerful emotional statement

The first few minutes of the opening will leave the most lasting impression on the jury. Keep it structured, concise, and impactful, ensuring that you provide a solid framework for jurors to understand your case.

6. Prepare Witnesses to Engage with Jurors

Witnesses need proper training to interact meaningfully with jurors. Although it might be challenging, maintaining eye contact is essential for trustworthiness.

To help witnesses prepare for trial, consider creating a mock courtroom atmosphere so they can practice eye contact while answering questions clearly and concisely. If you encourage witnesses to address the jury during their testimony, they will testify more effectively overall.

Experts in courtroom sciences and behavior can help prepare witnesses through cognitive training and exercises that improve their ability to provide clear, persuasive testimony. Experts concentrate on developing the witness's ability to communicate to make sure the witness: 

➔Stays credible

➔Engages with juries in an effective manner

➔Faces cross-examination with confidence

7.  Anchor Damages in Closing Arguments

By the time closing arguments are made, many jurors will have already formed their opinions about the case. In fact, by closing, between 80-90% of jurors decide how they will vote.

While it may not be possible to sway a large number of jurors at this point, your goal in the closing argument is to give defense-oriented jurors strong, memorable points they can use during deliberations.

To do this, incorporate the concept of anchoring damages into your trial preparation to-do list. Test different counter-anchors in a mock trial to ensure you are giving jurors a figure they will respond positively to. By presenting an alternative, reasonable number to counter the plaintiff’s demand, you provide jurors with a reference point that can prevent an excessive verdict. Double down on this strategy in both your opening and closing arguments to ensure jurors have this counterpoint in mind as they deliberate.

Getting Ready With Courtroom Sciences

To be well-prepared for trial, one must embrace adaptability, maintain a clear vision, and engage in meticulous planning. Your trial preparation checklist should encompass every crucial step to ensure thoroughness. The greatest likelihood of success stems from a proactive approach and the flexibility to adjust as the case unfolds.

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Schedule meetings to update clients and witnesses on the trial schedule, review depositions, and assign them homework to prepare for their roles.

●  Organize witness preparation sessions before the trial, as cognitive decay may occur over time.

●  Prepare for voir dire with relevant questions that address jurors' experiences with your client’s industry and other challenges they may be experiencing, such as ongoing financial struggles or mental health issues, and use supplemental juror questionnaires when possible.

●  Opening statements should be concise, limited to 20-30 minutes, and focused on delivering key evidence and arguments upfront.

●  Train witnesses through mock trials to improve juror engagement, and engage the help of experts to improve verdict outcomes.