TRYING YOUR FIRST CASE

(On Trial by Henry G. Miller, Esq.)

TRIAL TECHNIQUE
SY 2014-2015
Words of Wisdom (or not)
"Those that climb the ladder must start at
the lowest step."
- German proverb
"Ask the young, they know everything."
- Russian proverb
"Life is a long lesson in humility."
- James Barrie
1. Forget Yourself: on being nervous
- forget yourself you're not important
- think of the case, the case is important

2. Love Your Nerves
- it makes you human and the judge might
sympathize
3. Tell Them it's Your First Case
4. Love Your Client
- know the client
- identify with the client
- care for your client
- you are the spokesperson of your client,
say things your client cannot say
5. Just Say "Objection"
- the first rule of evidence is: "just stand and
say 'objection!'" The judge may amaze you
and say "sustained".
6. Ask Questions
- there are no dumb questions, only dumb
lawyers
- annoy your friends
- badger your superiors
- "How do you know when it's time to stop
trying cases? When you stop asking
questions."
7. Don't Shoot Every Mosquito
- "Don't use cannons to shoot mosquitoes."
8. Make Lists
- list the points you have to prove, the
exhibits you want to introduce, witnesses
you want to call
9. Overprepare: the beginner's advantage
- preparation alleviates anxiety
- beginner's zeal
- "You are the most dangerous of all
adversaries: A first-time trial lawyer
oblivious of the fact that you're supposed
to lose the case."

10. Watch Other Trials
- learn from other's mistakes
- read transcripts of great trials from the past
11. Be Yourself
- "It takes years to be yourself."
- "Only the practiced hand can make the
natural gesture." (Willa Cather)
- "Talk as if in conversation." Do not make
speeches.
- use plain words, don't use lawyer's jargon
- genuineness versus artificiality
- try to be natural only then you will ring true

12. Be Innovative
- "Never do anything pro forma."
- think of new and better ways

13. Be Respectful
- judges are human beings like you

14. Be Up Front
- you are out to win the trust of the judge
- people respect integrity
15. Be Confident
- you have to appear to believe in your own
case
- your words and actions, your face, will give
clues
16. Never Be Arrogant
- "Arrogance is unacceptable in even the
most celebrated and successful of
advocates. In a beginner, it is absurd and
laughable."
- know your place
- don't take yourself too seriously

17. Don't Settle
- "How will you ever be a trial lawyer if you
settle every case? When I was young, I'd
cry if the case was settled. Now i cry if it
isn't. But I've had thousands of trial days
and already proven I have the fortitude to
take verdicts. If this is your first case and
you're desperate to settle it, find another
line of work."
- client's best interest

18. Keep Quiet
- learn when to shut up
- lawyers love to hear themselves talk
- never say one word more than is
necessary
- "Silence shows strength."
- "Learning when not to talk is an acquired
skill. Learn it early."

19. Be Kind
- life is a cycle and it always comes full circle