Lawsuits: What Happens Before Trial?

If you are suing someone, or if you are being sued, you may be wondering: “In lawsuits, what happens before trial?” Our California litigators have experience representing clients in civil suits, and many of them want to know what they can expect in the month before their trial starts. The truth is that your life is going to change considerably – at least for a little while. Trials can be stressful and time-consuming. But they can also be incredibly rewarding when your lawyers are able to secure a favorable verdict and help you achieve justice. That’s why you need to make sure you have the right attorneys on your side and handling your case, especially if the trial date is quickly approaching. The Los Angeles civil litigation attorneys at Tauler Smith LLP know how to prepare for trial and win in the courtroom – and we can help you win your case.

Keep reading this blog to learn more about what you and your attorneys can do to get ready for trial.

Are You Confident in Your Current Attorneys?

As your trial date gets closer, you may feel an incredible amount of stress – which can manifest itself both physically and emotionally. And since you don’t know what the outcome of the trial will be, you may also feel intense pressure during the trial. Managing this stress and pressure is an important aspect of getting through the trial, and one of the best ways to do this is to let your attorneys take care of the legal matters while you focus on yourself. Of course, this requires you to have the utmost confidence in your attorneys.

Cases are usually won or lost in the weeks and days leading up to trial. The side that best prepares everything for trial is likely to prevail at the final verdict. If your current attorney is not doing enough to get the case ready, your chances of defeat go up substantially. That’s why you should consider hiring a lawyer who specializes in late-notice cases and last-minute trials.

How Your Attorneys Should Prepare for an Upcoming Trial

There are a number of things that both you and your attorneys can do to make sure that you are ready for an upcoming trial in a California courtroom, whether it’s a criminal case or a civil case involving business fraud, breach of fiduciary duty, or employment law. Some of the most important prep work that your trial lawyer must get done either just before trial or shortly after the trial starts includes:

• Filing pretrial briefs and motions if they have not already been filed with the court.
• Prepping your witnesses for direct examination so that the main themes come across to the jury. Your witnesses should also be fully prepared for cross-examination by the other side.
• Reviewing evidence that supports your case and making sure that it can be properly introduced at trial. This includes reviewing depositions so that the opposing side’s witnesses can be cross-examined.
• Writing an opening statement to be presented to the jury at the start of the trial, and preparing a closing argument that succinctly summarizes your story and cogently explains to the jury why you should win the case at the conclusion of the trial.
• Making sure the record is prepared for appeal in the event that you do not win at trial.
• Communicating with the client so that they are fully informed about what is happening with the case, and also so that they can provide valuable information about the facts, witnesses, evidence, etc.

Pretrial Briefs and Motions

Your attorneys need to be extremely well-versed in the law, and they must have extensive experience handling cases that go to trial because they are going to need to follow court procedure and rules every step of the way. A single mistake during the pre-trial stage can be fatal to your case because you may not have the ability to remedy that mistake later. This includes filing all necessary briefs and motions by the required deadlines. A lot of judges will insist that you cannot go back and file certain motions once the deadline for doing so has passed, which means you may be blocked from introducing crucial evidence, deposing certain witnesses, or even getting the case dismissed before trial.

Witness Prep

Your attorneys will need to make sure that all your key witnesses are available for the trial date, and that those witnesses are fully prepared to testify. You may also want some witnesses on call to counter the opposing side’s arguments, and this means that your attorney will need to be adept at anticipating every possible argument and legal issue that might come up.

The amount of time needed to get the client and other witnesses ready for direct examination on the witness stand varies, depending on the particular case. You should expect to commit a good chunk of time to practicing testimony with your legal team. And you should expect preparation for cross-examination to take even longer.

Evidence

A strong trial lawyer will need to prepare every aspect of your case with the expectation that it will go to trial. This means having a complete list of all evidence that may be relevant in the case, including any documents that were obtained during discovery. It will also be necessary to have the depositions of any witnesses that could be called at trial. Basically, anything that will be needed to prove your case at trial should be available.

Depending on what happens at trial, it may be necessary to impeach a witness. This is when knowing the depositions inside and out will prove crucial because your attorney must immediately recognize inconsistencies in the witness’ testimony.

Opening Statement & Closing Argument

Your lawyers need to be able to communicate your story to the jury in a way that is easy to follow. The opening statement should capture the jurors’ attention, and the closing argument should intelligently articulate to the judge and jury why they should find in your favor.

Preparing the Record for Appeal

If the verdict does not go your way, your attorney might also want to file an appeal. This actually requires some foresight from your lawyer because they will need to make sure that the record is prepared for appeal.

Communicating with the Client

You can expect the days and weeks before the trial to be extremely time-consuming. Your attorneys will be doing everything possible to prepare the case, but you may also be called upon for last-minute gathering of documents, locating and contacting potential witnesses, and preparing for direct testimony at trial.

Additionally, if the client is open to a pre-trial settlement, then they should be on call to provide input when last-minute settlement discussions gain traction.

Contact the California Trial Lawyers at Tauler Smith LLP

The truth is that no two cases are the same. That’s why you need experienced legal representation who will work closely with you and who will aggressively advocate on your behalf throughout the legal process, up to and including the trial.

The Los Angeles trial attorneys at Tauler Smith LLP are ready to help you. We represent clients in courtrooms throughout the United States, including California, Texas, New York, and Florida. Call 310-590-3927 or send an email today to discuss your case.