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Always remember that as the defence, the plaintiff thinks that you only have three strategies: we did nothing wrong, we didn’t cause it, or it’s not as bad as they think. While largely true, remember that you also have a story to tell. You want to plan your case around that story and guide the trier of fact down your path. Come across as the most reasonable and show them you have nothing to hide.
Also, have good snacks back at the office, delegate what you can, and sleeps as much as you can. It’s a marathon, not a sprint
Trust your preparation, understand that there is a safety net there to prevent things from going sideways, and don’t overthink. If you think too much, you won’t be able to react to the testimony properly or catch when you need to object. Even if it’s thinking about those things, overthinking is just as bad as spacing out. Also, do your best not to psych yourself out. You’ll have your outlines and you’ll have done your homework, and that’s frankly all you can do. There’s no single pointer that will make tomorrow a success or failure for you. Even if you don’t win, it’s a personal success because you got your first defense trial out of the way. Focus on the facts you need to establish by eliciting testimony, and trust yourself. You’ll do just fine.
This next part may not be what you want to hear, but don’t set your expectations too high. It’s your first defense trial, and there’s no chance it will be your best. My first trial performance was comically bad. I didn’t like it at the time, but now I look back and laugh at it because I’ve grown from it, and you’ll do the same even if you absolutely crush it tomorrow. Enjoy it, too, because I think everyone remembers their first trial, but I promise you that a few trials from now, you’ll think back to this one and laugh because the difference a bit of experience makes is startling. Don’t set your personal expectations too high, just know that, when the verdict is read, you’ll have the first one down and know better what to expect next time. Best of luck, and have fun with it!
My first trial I did everything I could. I got the result I told my client we would get. Nothing was a surprise. I also completely fucked up part of the plaintiff’s cross. The judge, an old criminal lawyer, stopped both the plaintiff and I and told us we were both doing our parts badly and explained and taught me the correct procedure. He then said to the plaintiff: “if you don’t know, just say that. Don’t guess”
Learned a lot in that trial. Got my ass kicked. Won my next two after that. It’s all part of the game.
In my experience, if you are using an experienced medical expert, your main focus needs to be getting the expert’s testimony admitted. Most experienced experts can largely handle themselves as long as you have prepped them sufficiently about the case and discussed the expert’s opinions well in advance, you’re good.
For cross of plaintiff’s witnesses, I cannot emphasize enough, track the language of the depo transcript and read and re-read the transcripts so you can impeach them if they don’t stick to what they testified previously under oath. With 6 years under your belt, you will do great! Good luck!