Tips from the trenches: Being the junior associate at trial

THIS COLUMN FIRST APPEARED IN THE NEW LAWYER SUPPLEMENT

On TV, every lawyer -- from Matlock, to Jack McCoy, to Alicia Florrick -- is a trial lawyer. In reality, trials are few and far between. For a new lawyer, the opportunity to be part of a trial team can be formative, exciting, and a little daunting. Drawing on our collective experience and the experiences of some junior attorneys who have recently tried cases in our office, we have put together some tips for new attorneys. Whether you are sitting second-chair or are playing a support role, these tips will help you become an invaluable member of the team.

Know Everything ... or At Least Know Where Everything Lives.

If you earn a nickname like "the Human Encyclopedia," or know by heart what Trial Exhibit 1407 is, then you are doing your job. Before trial, familiarize yourself with all pre-trial and trial documents and know how to access them on a moment's notice. Trial is fast-paced and unpredictable. You need to be familiar with the substance of the documents and the chronology of key events to prepare witness examinations and to pull key evidence or impeachment material on the fly. Explains Rara Kang, who joined a trial team as a first-year associate, "The ability to quickly locate a document, especially when the team is under immense time pressures, will be an incredible asset to the trial team."

Different teams will have different methods for organizing information and creating exhibit or witness binders. Learn the preferences of the senior attorneys and think about what you can do to make the process as efficient as possible. One way of learning the case and staying organized is to maintain a trial logistics notebook for materials such as the trial roster (contact information for attorneys, support staff, witnesses, court clerk, and court reporter, etc.); trial calendar (including the estimated schedule for witnesses); joint exhibit list (with columns to identify when exhibits have been introduced and admitted); and final pretrial statement (if applicable). With all the paper flying around and trips to and from court, it is helpful to have this kind of trial "bible" or other small binder with the most important materials that you keep with you always.

Also, utilize the knowledge of those around you, including paralegals and other support staff, as this is likely not their first rodeo. Their experience can help you look smarter in front of your superiors, and developing a seamless relationship with them is essential for having a well-run team.

Be prepared to be a problem-solver.

It's Murphy's Law that anything that can go wrong, will go wrong. That's certainly true at trial, which makes it critical for the junior associate to earn a reputation for being proactive, prepared, and a problem-solver.

"Bring extra and alternative copies of everything," advises third-year associate Rachael Rezabek. "If a partner asks for one copy, bring two or three. If he or she requests something in hard copy, bring hard copies AND an electronic version on a thumb drive." While many courtrooms now have internet access, it can be spotty or inconsistent, so download and keep on your hard drive the most important documents for trial. Having spare thumb-drives is also handy if the court is missing a document or if you need to run to the corner Kinko's for a sudden print-and-copy job.

Also good to have are extra pens, pencils, white out, post its, notepads, band-aids for ill-timed paper cuts, surge protectors, and an extra phone and laptop charger. You (or someone who is relying on you) will inevitably need one or more of those things.

Pay attention and don't be afraid to speak up.

"Listen and be observant," counsels Alexandria Ruiz, who joined a team on the eve of a class action trial shortly after coming off a clerkship. Take careful notes as the proceedings are unfolding so that you can flag items for further research or follow-up, and so that you are ready to prepare an "eleventh hour pocket brief" in response to a question from the court. Highlight witness admissions (which are sometimes fleeting) and keep track of ideas for closing arguments that will inevitably pop into your head as the case unfolds.

And then don't be afraid to speak up. While you may be surrounded by attorneys with far more experience, don't be intimidated when it comes to offering your insights and opinions. Junior attorneys often have more detailed understandings of the facts or a fresh perspective on the case. Or the senior attorneys might be so focused on upcoming examinations, they need to be reminded of items that might otherwise slip through the cracks. As Rezabek explains, "Your opinions and understanding of the case are valuable and appreciated - otherwise, you wouldn't be on the trial team!"

Finally, embrace the experience.

Trials call for long hours. Expect that the rest your life -- both professionally and personally -- will be put on hold for while. During this intense time when everyone is feeling the pressure, express your enthusiasm for the work. Trial provides you with invaluable skills and opportunities to shine. It is also a time to make meaningful connections with others, including other attorneys on your team and the client, that will endure long after the verdict comes in.