The traditional way for trial lawyers to prepare for a new case is pretty straightforward. The first step is to get one’s arms around the basic facts of the case – to understand the facts and the timeline of the case in depth. The second step is to ask oneself what the ideal resolution of these facts would be: What would the client want a fact finder to conclude? The third step is to begin to fit the facts into legal frameworks or algorithms that accord with the client’s view of the case. Often, however, lawyers take these steps, and then, when they are close to trial, probably too close to trial, they begin to ask themselves how a jury would likely view the case that they are putting together. This is the wrong time to ask that question. The right time is much earlier than most trial lawyers think. The story is told of a famous trial lawyer who is walking down the broad front steps of a courthouse. He encounters a younger lawyer walking up those same steps, laden down with piles of books in each arm and obviously feeling the weight. The older lawyer says to the younger one, “Son, what you need is a story.”
Share: