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Trial is hard and experience based. There is no such thing as a perfect trial performance.
Put in the prep hours and bust ass to understand what you need to prove/disprove, what you want to do with each witness from an evidentiary standpoint, and anticipate/prepare for expected objections or framing of issues from the other side.
The result of your trial is less important than whether your client feels like you put your best foot forward.
My first trial I made many, many mistakes, some of which were embarrassing. The judge was patient with a new lawyer. But everyone could tell I had prepared, especially my client.
I am Plaintiff's side but to be honest I feel like my general mindset is better suited to defense work because my preference would be to limit emotional appeals and stick to things that are easier to gauge monetarily. I try to settle cases that seem shaky as quickly as possible.
My first criminal trial was a not guilty verdict and I had confidence throughout. My first jury trial was civil and I didn’t have help and honestly it wouldn’t have helped. In your last week of prep, you are concentrating on everything at once. Just know once trial comes, you will only focus on one thing at a time. As a defense attorney, just know that I’ve seen many plaintiffs get busted for overreaching on damages. Just try to offer an honest straightforward presentation of the evidence. If it’s not a very good case, still prep to win because it’s good practice. Good luck.
My first trial was a pedestrian knocked down against a seasoned defense attorney. The judge was arniotes in civil court, kings county. I won on liability and then he had to send the case back for jury selection for damages. After the verdict we were sitting in Chambers and my adversary said I can't believe I lost to this guy. The judge looked at him and said you can build a house with Rusty Nails. I was super nervous all during the trial. I still get nervous. But as you do more and more trials you will feel more comfortable but you will always be nervous
It should say you cannot build a house with Rusty Nails
Another thing you should consider about trials going forward is that jurors have very short attention spans and they like to be shown stuff. If you can use PowerPoint or a video of a surgery it will be much better. Of course I am speaking from the point of view of the plaintiff's attorney
I’ve tried many cases, the first in 1989. I remember it well. It was a bar fight assault and battery injury case against an unrepresented defendant. I won but a very small verdict. When I spoke to the jury afterward I learned a lot more than I did in law school. The jury advised me that they were unimpressed with my client’s treating doctor and wanted to hear from the ER doctor who we did not call, since the treating doctor was testifying about the injuries. They also didn’t like that my client’s wife was in the courtroom but didn’t testify (he felt strongly that women don’t speak in public). I learned to try to speak to the jury as often as possible to get their take on things. After a few dozen trials I still was getting feedback on issues the jury felt was important but that I hadn’t thought was important. The take away is that you can never predict what a jury might do or think. So, be thorough and prepared. Don’t expect trials to go smoothly or as as anticipated. Learn as you go. After more than 30 years of trying cases I know that I’m still “practicing”. But, nothing beats experience in this skill set.
Just try as many as you can. Even if they’re crappy cases. You’ll find there is not much difference between good and bad cases. You’ll gain invaluable experience.