Trial Preparation: What Can the Client Do Before Trial?
As experienced Los Angeles last-minute trial attorneys, we know how to quickly prepare a case for trial when we take over in the 11th hour. But this doesn’t mean the client is uninvolved or has nothing to do as we get ready to argue the case before a judge or jury. So, what does the client do before trial? The Tauler Smith litigation team believes that clients can play a very big role in helping us to prepare cases for trial, whether that involves providing us with valuable information about the case, communicating during settlement discussions, or being involved in strategy conversations.
Read this blog for more information about what clients can do to get ready for trial in a California courtroom.
How the Client Can Help Their Lawyer Win at Trial in a California Courtroom
The client has an important role in the lead-up to trial. Although you won’t be involved in the actual legal work or technical trial preparation, you can still contribute in very meaningful ways.
Provide Case Information
For starters, you are an invaluable resource because you will know the facts of the case as well as anyone. Your attorneys may have questions for you as they research and get ready for trial, and you may be asked to fill in gaps in the fact pattern, provide background information on potential witnesses, and offer insights into the case.
Clients are often the best source for evidence since they will probably know the location of relevant documents, in addition to gaining access to those documents once they are located. This can be particularly helpful in business litigation cases and employment defense cases where discovery may cover a lot of evidence, as well as late-notice cases where the trial date is quickly approaching and time is limited.
Settlement Discussions
The client also needs to be involved in any settlement conversations, providing guidance to the attorney. Ultimately, you will have to make the call about whether you find a settlement offer acceptable, and you certainly should not let anyone else sway you because you are the one who will have to live with the decision. Sometimes, it’s better to take the financial settlement being offered and be done with the stress of litigation. Or you might be so personally invested in the case that getting your day in court and seeking justice is most important to you.
Witness Prep
While attorneys typically take the lead when it comes to preparing witnesses to testify at trial, the client is also very helpful in this regard. That’s because the client will probably have some kind of relationship with the witnesses, which can make it easier to encourage their testimony. The client’s familiarity with the other witnesses can also provide insight into how they might react to certain types of questioning.
Additionally, if expert witnesses are needed for the trial, the client may be helpful when it comes to helping prepare the expert. After all, the client will still know more about the particular facts of the case, and the expert can probably benefit by learning the specifics before testifying.
In many cases, the client will also take the stand to testify at trial. Before this happens, the client should be prepared by their attorneys so that they know exactly what to expect and how to frame their narrative while on the stand. Moreover, the client should be prepared for cross-examination so that they won’t be caught off guard by aggressive questioning from the opposing side.
Trial Strategy
Strong communication between the attorney and their client is extremely important. The client should always feel comfortable asking questions about the case. Your lawyer works for you, not the other way around. Your last-minute trial counsel should keep you informed at all times about what is happening. Additionally, if you are unsure about the direction that your attorneys are taking the case, you should definitely speak up and voice those concerns. Clients should always play a role in the trial strategy.
Client feedback can also be extremely helpful. Sometimes, the litigators get so caught up in the legal arguments that they forget the human element at play in a trial. Cases are presented to jurors, and those jurors typically don’t know much about the actual law or the applicable statutes. They need to be persuaded at a human level, and this is where feedback from the client can provide valuable insight: how the client reacts to a particular argument, trial tactic, or theme may be some indication of how the jury will react.
Contact the Experienced Los Angeles Trial Lawyers at Tauler Smith LLP
The Tauler Smith LLP trial lawyers handle cases in California, New York, Texas, Florida, and across the United States. We go to great lengths to ensure that our litigators are in frequent communication with clients throughout the legal process because we want clients to stay informed. We also want our clients to be involved in any important decisions that need to be made before trial.
We will do everything in our power to maximize your chances of winning in court. Call 310-590-3927 or email us to schedule a free consultation.
