Week Nine Seminar 1

 By the time that the pleadings have been settled, discovery has been completed, and motions have been resolved, everyone has a pretty good idea of what a case is about and what will have to be done to win the case But organization is the key 2

 Organization What are the facts?  What’s admitted?  What do we have to prove?  How will we prove it? What is the law? Where are the strengths? Where are the weaknesses? 3

 Legal analysis What are the legal issues in the case? What is the law on those issues?  There should be a written brief on any issue that is expected to be an issue 4

 What is our evidence?  What does it prove?  Is there anything that needs to be done to establish a basis for introducing that evidence?  Are there legal issues related to our evidence that needs to be briefed?  What is the evidence that we can expect the other side to offer?  Do we have a basis for challenging that evidence? 5

 Who will the witnesses be?  What will each say?  Will there be a problem with having a witness testify?  Brief of the legal issues  Do we need to establish a basis for a witness to testify (expert witnesses)?  As to witnesses presented by the other side, can we challenge their testimony? On what basis? 6

 Trial strategy – the blueprint for the trial  What is the order of witnesses?  When is evidence presented and how?  What can we expect the strategy of the other side to be?  What can we do to disrupt the other side’s strategy? 7

 Trial notebook Schedule – pre-trial and trial Directory – list of witnesses and others to contact Pleadings Witness list Exhibit list Motions and disposition Voir dire questions – jury qualification 8

 Trial notebook (continued) Opening statement Investigations Memoranda of law Direct examinations Cross examinations Jury instructions 9

 Pre-trial conferences At the discretion of the court To establish timelines To dispose of any remaining motions and issues Simplifying issues/stipulations Arbitration? Settlement 10

 Witnesses who may have to be forced to attend and testify should be subpoenaed  Record evidence must be authenticated 11

 Preparing the client Sincerity Balance full answers against volunteering information Avoid unpleasantness Think before answering Keep answers relevant/don’t guess Correct errors made Agree, don’t admit 12

 Uncooperative witnesses Anticipate Ask to treat a witness as a hostile witness Be prepared to contradict a witness with admissible evidence 13

 Selecting the jury Jury pool Jury panel Voir dire examination Alternate jurors 14

 Opening statements  Burden of proof  Plaintiff’s case  Motions to dismiss 15

 Defendant’s case  Plaintiff’s rebuttal  Defendant’s rebuttal  Final arguments 16

 Jury instructions  Jury deliberations  Verdict  Post-trial motions  Appeal 17