Associates: tips for your very first trial

[TOP VERDICTS SUPPLEMENT]

As a junior associate and aspiring litigator, few moments are more thrilling than learning you will be part of your first trial team. These opportunities can be few and far between; green attorneys are not often given the opportunity to try cases until they have several years of experience under their belts. So, when the opportunity arises for a junior associate to become part of a trial team, it is especially exciting.

Along with that excitement also comes a healthy fear of the unknown. Trial is a tremendous work effort, often called a marathon. The daunting tasks of endless motions, collecting and identifying crucial evidence, preparing witnesses, and creating examination outlines begin to quickly pile up as trial looms. One tough aspect of being a junior associate preparing for trial is balancing all the work and deadlines with learning the procedural rules and pitfalls at hyper speed. There is little time for reflection. However, with hard work and ambition, an associate's first trial can be a positive and successful experience. The following are some tips for getting there:

1. Preparation Is Key

Because a junior associate does not have the benefit of experience, developing strategy and other maneuvering tactics may not be the associate's strongest asset. However, what a junior associate certainly can bring to the table is a strong understanding of the law and facts of the case. Know the case inside and out -- that means, every document, every witness, and every potentially applicable legal argument. Know the file. Offer to prepare the trial exhibits, slides, and demonstrative aids. Anticipate the evidence that the other side is going to rely on and have counter evidence lined up. Draft short memoranda for key legal concepts and theories. Have critical legal authorities at the ready. This will make the junior associate an invaluable asset to the trial team and the lead trial attorney.

Prepare for trial long before trial begins and before trial deadlines begin to run. Develop the theme of the case and create witness lists with any critical documents. Bring them to strategy meetings and offer observations to add value. A settlement conference statement or trial brief is not the time to test a trial theme; this is the time to showcase a well-developed theory of the case with supporting evidence.

Create a list of trial deadlines, review the local rules, and monitor those closely to ensure that the trial team is on track. For example, if the trial team plans to propound any new written discovery, make sure that it is done well before trial, giving the team plenty of time to receive responses, complete meet and confer efforts, file a motion to compel if necessary, and have the motion heard by the court before the last date to do so prior to trial.

2. Credibility Is an Asset

The court will take note of the arguing attorneys' professionalism and demeanor, from the initial case management conference through the last day of trial. Do not give the court, or its staff, any opportunity to develop a negative impression. Rather, a junior associate should demonstrate that they are an asset to the court -- a wealth of knowledge that the court can have confidence in. A junior associate should strive to show the court that they have integrity as an attorney and as an officer of the court; an attorney's success at trial is tied to the court's confidence in that attorney's credibility.

3. Be Kind to Court Staff

Court staff are the keys to the courtroom; they ensure that the courtroom functions appropriately and are a direct line to the judge overseeing the trial. Always be kind to court staff and treat them with respect. They have the answers to many of the questions attorneys may have (where does one deliver exhibits prior to trial? How does one make sure that the courtroom is equipped with the appropriate technology for my opening statement?). In many instances, it is not their job to provide an attorney with assistance and answer questions. However, if the attorney is consistently courteous to court staff, they are more likely to provide answers to questions, making the attorney's job a little bit easier. Also, they will have infinite knowledge as to the trial judge's preferences and may provide an attorney with guidance as to the judge's expectations for trial. Be sure to be thankful and gracious following their assistance.

4. Have No Fear

A junior associate's biggest weakness preparing for trial is fear. This will prevent the junior associate from helping to develop creative strategies with the team and exhibiting confidence in the courtroom. As a junior associate, "know what you don't know" (this comes from putting in the requisite preparation time). A junior associate should not be afraid to research or seek out an explanation for an issue that is causing pause. The attorneys supervising a junior associate's work know that this is the junior associate's first trial experience and expect that that attorney will ask thoughtful and meaningful questions along the way. If a junior attorney does not know the answers to questions, they should ask; do not suffer in silence. However, at the same time, if a junior associate does know answer to questions, they should be confident and own their own work by explaining their thought process and reasoning. If a junior associate exudes confidence (even if they are faking it), the associate might be rewarded with more responsibility and better opportunities. Although fear of the unknown is normal, a junior associate should put it in its proper place and use it to fuel them through trial.

Remember that trial is the pinnacle event in any matter. It is challenging, sometimes complicated, and has many moving pieces. With appropriate preparation and demeanor, a junior associate's first trial experience will be a rewarding one.