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Client present the entire trial
Depends on what you mean by okay. At least here, you wouldn't get in trouble for the plaintiff not being present. There are occasions where I have represented defendants who were not subpoenaed that I have advised them not to appear because I felt like their presence would hurt the case.
However, I couldn't imagine trying a 3 day jury trial in an auto accident PI case without the Plaintiff present. How important is the case to your client if he isn't bothering to be there?
This is actually a debated topic in the personal injury world.
I think that's it's best not to have the plaintiff present. I've had multiple trials where I speak to the jury afterward, and they say "I watched him the whole trial and he didn't look that hurt".
This is actually not a debated topic. FTFY
Is this a serious question? You’re going to ask a jury to award money to your client but you’re not sure if your client should bother to be there the whole time? The jury is going to be there the whole time, why shouldn’t your client? I don’t mean to be insulting but how are you trying a case for someone without knowing the answer to this? This is why we need post-law school residencies or apprenticeships. People with three years of classes and a passing bar exam score shouldn’t be allowed to hold the fate of someone’s financial well-being in their hands.
Attorney 2.. yes I probably was harsh (and a jerk too), but I’m just being honest. I’ll try to make up for it by saying I commend OP for having the courage to try a case solo… I had the benefit of very good mentors and the opportunities to second chair many high stakes trials early on before handling anything alone. While I absolutely agree that mentors are important, I still think a formal residency or post graduate training program is necessary if young lawyers want the ability to take people’s lives and/or financial well-being in their hands.
I’ve never had a Plaintiffs Trial without the Plaintiff present for the entire trial, all trials have been less than 7 days, but need Plaintiff present to give input on witnesses and other testimony
I should probably add a little context. My clients are primarily low income hispanic clients, many of whom work long hours at unforgiving jobs. As in, they are often legitimately afraid of getting fired if they take even one day off or if their employer even finds out that they were ever injured. And even if not that, they would be concerned financially about losing wages for three days off. As for the specific client I mentioned, I don't actually know if he falls into that boat, and he hasn't told me that he can't be there for the three days. I'll be having that conversation with him shortly. But I'm also thinking ahead to trials for other clients in the future as well. Maybe that won't change anyone's answers, but I thought it may be helpful to know where I'm coming from.
Defense associate here. I tried a case where the plaintiff missed closing and some of the final days testimony due to a professional development conference for work. I think it hurt his claim with the jury as the verdict did not exceed $3,500 even though there was a finding of liability. If I were you I’d tell him attendance is mandatory.
You should not be trying this case.
Lol acting like personal injury trials take skill - settle down bud.
Long-time defense lawyer. Have your client at the trial or settle or expect a poor result. Yes, anomalies undoubtedly exist, but — by far — gotta have your people there the whole time.