What is the surefire strategy to win a trial?

A trial is won or lost long before a trial takes place.

It took me a long time to realise that the best way to deal with trial preparations is backwards.

It sounds odd, but it is true!

So here are a few tips that took a lifetime of practice.

Prepare every conceivable documentation, oral evidence, legal points, arguments and research at least three weeks ahead of time.

By this time you would have gone through a To Do List of all the things you should have done. The pleadings would have been checked. All the Notices to Produce would have been sent out – or responded to. All your client’s documents would have been served on the other side.

You would have decided which witness you would call first.

You would have prepared for the cross examination of both your, and your opponent’s, witnesses. This would have been at least two months before trial.

The Registrar of the Court would have seen to it during multiple Case Management dates. Then comes the most crucial aspect of the case: prepare the End of Trial Submissions at least three weeks before the trial begins.

Decide which legal points will give you the most problems and see to it. Your research helps you navigate through rough points that will certainly crop up at trial. They always do!

Decide at how many points during trial your opponent would object to some tactic you are about to employ; and show that you are prepared with the right factual and legal response.

So also prepare to object to certain points of fact or law that your opponent will be sure to sneak in. Analyse what each witness is likely to say on main points in issue and prepare answers accordingly.

Throughout, behave with honour and integrity. It does not matter what the other side does. You do your bit to return the Bar to its halcyon days.

Yet, be constantly watchful for sneaky attacks from your opponents.

Prepare for nasty surprises. Prepare for your witness to say something completely unexpected.

Prepare as best as you can.

Next, check your legal points carefully. See if there has been a change of law in the last few months, which has completely changed the position of one of the parties. It could be yours!

So, also check the legal position your opponent is taking and find holes in his argument long before he can even conceive it in his mind!

Preparation is everything! You will get into trial with much less stress.

Sure you would have slogged the weeks before trial, but you would be the more relaxed of the two counsel before the court.

Try the ‘What is the Surefire Strategy to Win a Trial!’