by Lisa Hudson

Created on: September 05, 2010

Preparation is the key to success for any trial lawyer.  Time and time again judges say that they are amazed at how many attorneys come to court unprepared in some way - whether it be in researching the law, reviewing their case authorities, reading their file, speaking with their witnesses, or preparing their clients.  This results in an embarrassment not only to the attorney, but also to his paying client, attorneys as a whole because of the inevitable stereotyping that exists, and the entire

legal system.  Sadly, the problem is so easily remedied and avoided altogether.

Witness Preparation Distinguishes a Case and its Trial Team.

Preparation can really set a lawyer apart in one specific realm of trial work -  witnesses.  A little work can go a long way.  Delegation is even possible.

Specifically, in any civil case, other than the client, a trial lawyer will probably have a few other witnesses in a small case and maybe dozens in a larger, complex matter.  Whether working on a solo trial team or as a lead or second chair attorney on a larger trial team, witness preparation is crucial to the trial preparation process.  At the end of the day, witnesses and exhibits (documents or other tangible evidence) are the crux of the case to be presented.   

Once convinced of the importance of preparation and its crucial role in trial work with witnesses, where exactly does this preparation begin? What does this preparation entail? 

Who Prepares a Witness to Testify?

Whether it is done by a paralegal or the trial attorney, an interview or meeting with the witness needs to occur.  It need not occur at one time either; it may be done over multiple stages or in sessions depending on convenience, availability, complexity of the case, and the role of the witness.  At a minimum, a telephone call needs to be made.  Preferably, the trial attorney will meet the witness in his office or at the court even if minutes before the trial.  Depending on the level of training and experience of the paralegal, as well as the trust the supervising attorney has in the paralegal's trial preparation work, it is possible to have a staff person conduct a telephonic interview with trial witnesses the attorney intends to call in his case in chief.  Yet, most attorneys would prefer to at least put a face to a name and have the opportunity to assess credibility, demeanor, and to be able to answer last minute questions,

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