3.2.11

Handouts
#17- "21st Century Paralegal"
#18- Misc Trial Forms

Tomorrow Night
Bring at least 3 questions
Resume review and pizza at 5:30pm

Subpoenas Continued
Send subpoena AND letter of agreement
Subpoena everyone for day one.
If they will agree to appear in court on one hours notice, they may in lieu of a repeat subpoena.

How to prepare a witness
• Do not forget how scared most witnesses are likely to be
• Most common fears #1. Public speaking 2. Snakes 3. Death
• How to be persuasive in your speech
• 7% Language, word choice
• 38% Voice, inflection
• 55% Non-verbal cues, body language*
• Mock testimony- can lead to testimony appearing rehearsed

• How many copies of the exhibits do you need?
➢ SEVEN
• 1. Opposing counsel
• 2. Witness
• 3. Clerk
• 4. Judge
• 5. Trial notebook
• 6. + two extras
• 7.
• Evidentiary exhibits- those that will be entered into evidence
• Demonstrative exhibits- to help witness clarify their testimony (maps, models, etc.) NOT evidence
• Trial Briefs- ALWAYS file a trial brief
➢ Extra chance to condition judge to your theories and arguments
➢ Tell judge applicable law and relevant cases, quotes are best

• Always a good idea to visit court (you and your client too) to get familiar with the setting
• Plan ahead, know what you need to bring (extension cords, laser pointers, etc.)

• Contacting court personnel- don't overdo it
➢ Always ask about leaving some materials in court room (NEVER leave notebook)
• If other side timely requests jury and then decides against it, you can still request even if deadline has passed.
➢ Consider the nature of your case when deciding whether to request a jury trial (more interesting, juicy cases, more dull patent case, how well your client presents, etc.)

• Shadow jury- people who come into court and watch proceeding, then give feedback
➢ Paralegal (and court clerks, etc.) - can also provide feedback

• Jury Selection- start with 50
➢ Refer to them by number
➢ Used to be unlimited number of questions, now usually about an hour in civil cases
➢ Sensitive questions should be asked by judge
• Challenges
• Do you feel, in light of your experience, that you can remain fair and impartial?
• Unlimited elimination for cause
• 3 Preemptory challenges
• Choosing a jury
➢ Make a chart according to seating
• Make notes for each juror on a post it (easier to edit if someone is bounced)

Opening Statement
• Critical to case- create a roadmap of case for jury
• Statement- NOT argument, "what we intend to prove"
• Better to under-promise and over-deliver
• 90% of jurors make up their mind in the first 15 minutes
• Keep it under an hour 35-40min is best
• Brief, Interesting, Understandable (don't talk down to jury)
• Use "we", "our", and "us" (don't distance yourself from your client)
• Physical contact with your client (shoulder pat, arm touch, etc.) is a non-verbal cue that attorney believes in client
• Approaching jury box is bad etiquette
• Humor? Can backfire, use sparingly.
• Plaintiff before Defendant- Important for defense to point out that you may not get to present your case until after the Plaintiff

Presenting Evidence
• Most interesting first, then boring, boring, boring, then end with another good witness (or client).
• Requests for admission- Judge will read admissions to Jury "to accept them as true without further evidence"
• Four Exceptions to asking leading questions
➢ Children, experts, foundation, hostile witness.