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To be able to accomplish your trial goals, you must have a convincing, relaxed presentation of your case in court. Here are a few tips:
• Observe other trials and court proceedings – Visit the court a day before your trial to listen and observe the judge and the proceeding. This will give you an idea of what to expect, how to act, and how to dress for your day in court.
• Prepare by doing your homework - Get ready for your hearing by interviewing all your witnesses and making them available to testify. Have all exhibits ready. Make copies of necessary documents for the judge and the opposing counsel. Have a notebook ready to serve as your journal for the trial.
• Show respect and courtesy to all parties – Refrain from being too argumentative with the opposing counsel and be in good terms with the judge, jurors, your witnesses, court personnel, opposing counsel, and the opposing witnesses.
• Develop a convincing story for your case – Tell a good and consistent theme for your case. If your case involves a complicated issue, try to tell in layman's terms.
• Show don't tell – Instead of narrating your story in a straightforward manner, use visual images, pictures, exhibits
and videos to make your story interesting.
• Admit your flaws, dismiss bad facts – Be prepared to do some damage control when the opposing party brings up your flaws. Discuss your flaws and be ready to admit and dismiss them, then move on.
• Make your own research on evidence – Make sure that the evidence you will present in court are admissible. Do your own research to ensure they are credible and will help to prove your case.
• Pay attention to the jury – You should pay attention to the jury's reaction and be aware of their demonstration or explanation whenever required.
Besides observing these guidelines during a court trial, trial lawyers must also consider other elements in court presentation. Here are some of the obstacles toward a compelling storytelling at a trial:
1. the nature of adversarial process
2. the rules of evidence
3. inconsistencies and other credibility problems
4. complicated subject matter
Adversarial Process
First and foremost, trial is adversarial. Each party has competing interests and conflicting versions of events. In many ways, a trial is a contest between two or more competing stories. These stories can create a fragmented and confusing compilation of facts. The trial lawyer must bring order out of the chaos. Telling a compelling story, which eliminates unnecessary facts, emphases strengths, and minimizes weakness is critical to effective advocacy and proving of a case.
Rules of Evidence
The rules of evidence, including the rules against hearsay, can hamper an attorney's ability to tell his client's story. But the rules of evidence may cut both ways. A series of strong, well-founded motions can severely undercut an opponent's ability to tell his client's story.
Credibility Problems
Credibility is vital to success at trial. If an attorney tells a story that proves untrue, even on the most minor detail, the jury will question all other aspects of the attorney's case. Once credibility is destroyed, it is usually destroyed forever. Therefore, everything must be done to avoid inconsistencies as well as exaggerations and omissions of harmful facts which will be brought up during trial.
Complicated Subject Matter
Trials may be complicated enough even without a complex subject matter. A lawyer who finds himself trying to deal on a complex issue must be able to identify the big issues in the case and eliminate the rest. He must have the ability to sift through the maze of words and ideas. The attorney who is best able to present a clear and convincing story has better chances to succeed at trial.
Establishing liability in a personal injury case isessential. Not every injury will resultin a successful lawsuit. In fact, if youare unable to establish that the other party is liable for your injuries youwill not recover any damages despite being injured.
Every successful personal injury case must establish that aninjury occurred, the injury is the type of injury protected under the law, andthe person or entity being used is liable for your injury.
There are different ways that liability can beestablished. A person or entity isconsidered liable for your injuries if they owed you (and others) a duty ofcare that they breached. This means thatthey were required under the law to act in a way that would reduce the risk ofinjury to others but they failed to do so. An example of this would be if a business fails to maintain their lobbyand people are injured because of the poor condition of the lobby.
Another way of establishing liability in a personal injurycase is to show that the defendant actively caused the injury. In other words, the defendant's directactions caused your injury. Examples ofthis type of liability include car accidents and other types of accidentsresulting in injury.
A third way to establish liability is to show that anomission (failure to act) by the defendant caused you injury. An example of this is when a manufacturerknows that there is a problem with their product and they fail to recall theproduct. An attorney can explain when anomission (a failure to do something) establishes liability.
There are different nuances under each of these ways ofestablishing liability in a personal injury case that an attorney canexplain. There are ways to establishliability ranging from negligent hiring (a company was negligent in hiringsomeone that caused you injury) to contributory negligence (they were not thesole cause of the injury but they contributed to it). Explaining all the facts to your attorney canhelp in establishing liability in a personal injury case.