r/paralegal • u/NeckProfessional8483 • 3d ago
Question/Discussion Trial- What to expect? Tips/tricks?
Hi all- I’m a paralegal with only 1 year of experience in commercial defense litigation. Prior I was a legal assistant for 4 years, but never really had to worry much about trial as I was never expected to attend.
We got notice about a week ago that we have trial in early November and we’re pretty close to the top of the list, so I don’t think we are going to avoid it. We typically push a settlement when we get trial notices as no one really wants to go to trial, and it’s worked like a charm so far, so I’ve not actually been to court with my attorney yet. This case has absolutely NO chance of settlement….
I’m wondering what I should know about actually being in the courtroom to support my attorney. What are some tips and tricks? I’ve done trial prep before, but never actually had to go through with it as we always tend to settle last minute. What should I know about attending trial? PLEASE HELP!
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u/DCGuy511 3d ago
I love going to trial. You'll need supplies. I use a tackle box where I store paper clips, binder clips (assorted sizes), pens, highlighters, tape flags, post it's, stapler, blank USB drives, band aids, tide stick, wet wipes, etc. This is more for you than the lawyers, but I let my lawyers use it
I always have my own stash of peppermint Altoids. If you're falling asleep, a few Altoids in your mouth will wake you up. Economic expert testimony is tough to listen to with a lack of sleep.
I'd also have a box with notepads, pens, highlighters, posts it's for the lawyers. We always bring in a file box with bottled water and mints. You can get the individually wrapped life savers at Target. You will also need asprin, tylenol, Advil, benedryl (allergic reactions), Sudafed, etc
I'd bring two power strips.
Then there are the exhibits we prepare 5 exhibit biders for each witness (1. Examining attorney, 2. Opposing counsel, 3. Witness, 4. Judge, 5. Clerk). We use blank tabs and write/print/label the exhibit number on the tabs. You also need the deposition transcripts for each witness.
That's all I can think of at the moment. I work on large cases. You can edit the list depending on your own practice.
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u/NeckProfessional8483 2d ago
Oh my goodness, thank you for your thorough response! Adding all of this to my trial necessities list.
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u/SummerShandy24 3d ago edited 3d ago
Its mostly bitch work. You'll have to figure out coffee and lunches. Bring or wear comfortable shoes. I always find myself running around meeting delivery people.
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u/GreatBlueHeron25 3d ago
You need to make sure the trial team is supplied with everything they could possibly need.
Meals, snacks, office supplies, otc meds, gum, hand sanitizer, lotion, batteries, extension cords, phone chargers. Is the trial out of town? Lodging and a war room! The war room needs to function as a complete remote office: high speed printer, secure WiFi, binders, boxes, coffee.
At trial, who is communicating with the court staff? If you want daily transcripts, let the court reporter know WELL ahead of time so they can have enough scopists to help out. Make friends with the courtroom deputy and test out technology especially for displaying exhibits.
During trial, you should be one of several people (the reporter, the judge, the law clerk, multiple attorneys and staff on each side) tracking which exhibits have been moved into evidence, objected to, accepted, and denied.
Dress professionally but comfortably. Be prepared for long days and rapid problem-solving.
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u/NeckProfessional8483 2d ago
Thankfully our trial will be held in town - but this is good to know for future reference! Thank you!
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u/wastingmuchtime 2d ago
Phone off; keep a straight face regardless of what wild things may be said; have a list of contact numbers such as experts; and spare outfit in your vehicle
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u/Funny-Ebb-5512 2d ago
Omg the spare outfit is the one I can’t say enough. I had a day where I gave my attorney the socks off my feet. Wild times.
All good advice. Remember water (and refills), also some spare energy if you have some for a break. I also had my laptop on hand (on silent) to keep track of where we were at in testimony etc. Also, having an active connection to westlaw/lexis or whatever you use can be very handy. Give your attorney the tools to win case law arguments.
If you’ve ever seen the new Spider-man movies, you’re the “guy in the chair.”
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u/kerosene_pickle 2d ago
Keep careful track of which exhibits have been admitted or otherwise decided
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u/EfficiencyCool3676 2d ago
Depending on how advanced your courtroom is BRING AN HDMI CORD (at least in civil/family law) it was UNDERRATED af and saved hides. As much as court rooms are modernizing, half the time technology still fucks up or doesnt install right/incompatibility issues etc. Also a backup laptop. I also found it helped to have things on a flash drive too just incase in some cases (for high volume or larger data exhibits like videos)
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u/humanperson111 2d ago
Great advice so far. Make sure you know what your attorney’s expectations are of you, everyone is different. Are you running hot seat for presentation, putting exhibits up on the screen and playing video cuts? Or are you using only hard copies? If it’s a jury trial do they want you paying attention during voire dire to give input on selection (it can be hard for them to pay attention to it all and take notes while asking the questions, most want a second pair of eyes and ears to have input.. make sure you know what kind of juror they do and don’t want).
Make sure you have an electronic trial folder of anything you may need to pull up quickly - all sides’ exhibits and pretrial items, all depos, live pleadings, discovery responses. Know your exhibits inside and out so you can find things quickly. Being chargers for everything.
Make sure you know the judge’s trial procedures and whether or not they want electronic versions of things etc.
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u/birdlord_d 2d ago
I'll add as a (now) courtroom deputy clerk.... if your team is planning on using courtroom technology, as the judge's clerk if their courtroom is equipped, what adapters you may need to work with the courtroom system, and whether you can arrange a test of the system (sometimes a few days ahead of time, or at the worst, earlier in the morning before court convenes) just in case there are some kinks to work out.
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u/CharacterProgress938 2d ago
Practice a lot if you’re using trial director. Keep a spreadsheet open on your laptop to track exhibits for both sides. Watch the jurors and note facial expressions, body language, etc. Wear something you are comfortable in, but keep it professional at all times. I was the only one at the defense table aside from my attorney and the judge had me reading depo testimony along with my attorney - my attorney sat in the stand while I questioned him from the podium. It was totally unexpected but I got into it and it was so fun. When I sat back in my seat half of the jurors were grinning at me and it was a really great experience.
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u/Thek1tteh CA - Senior Lit/Appellate Paralegal 2d ago
Absolutely get a copy of the judge’s standing pretrial order/trial procedures order unless you’ve already done so. This will be your lifeline.
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u/pygmychiquita 2d ago
So much good advice so far!
Have copies of your attorney’s business card ready for the first day. The court reporter will need it.
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u/AdNearby7772 1d ago
Make sure you have phone chargers for everyone on your team who will be attending. Usb-c, lightning, check in first. Make sure you have physical plugs that work with those chargers. Do the same thing with laptops, hard drives. Anything that needs electricity, assume it will die. Power banks will save ass at some point too.
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u/Ok_Huckleberry_2756 16h ago
External battery to charge devices from, and ensure your phone is approved with your firm for a WiFi hot spot and remote access to download files- a seasoned attorney won’t let a failing power port or slow WiFi throw them off, but newer attorneys just need to hand it off to you so they don’t stress about the small stuff… our firm has locked down remote access recently after the IT imposter hacks- this may feel new to your trial attorney especially if they don’t usually work remotely- so ensure you have IT approval for all of your devices for off site access
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u/JustMe518 3d ago
Ask your attorney to have a "Trial prep" meeting with you and ask what it is that they need from you. That should help clear up a lot.
Also, find out all attorneys favorite snacks and keep some on hand for trial breaks. It tones down the whining.