A Helpful Primer for the Young Litigator

• Pages: 34-34
• Date: 01 April 2023
• Author: Grant H. Hackley
• Subject Matter: Civil Law

BOOK REVIEW

reparing for trial can be a daunting task. Doing so

can seem overwhelming to the newer litigator who

may be facing impending court deadlines, writing

and responding to contentious motions from adverse

counsel, coordinating witness attendance and testimony,

and facing the fear of an unknown outcome. Preparing for

Trial: 60 Days and Counting (ABA 2015), written by Bruce W.

Felmly, provides a systematic approach, based on experience,

to ensure that even rst timers can condently put on their

case when called to do so.

The book runs just over 100 pages, including a helpful

topic index, perhaps recognizing that the harried litigator has

little time for or interest in devouring a full-scale treatise. The

full text is divided into six quickly digestible chapters that are

conveniently organized in accordance with the amount of time

remaining prior to trial. Throughout, the author intersperses

personal anecdotes that help drive home the importance of

each respective task. These add value by demonstrating, with

sometimes humorous real-world examples, how thorough

preparation can eliminate uncertainty and ensure readiness for

trial. Additionally, checklists are sprinkled throughout and help

provide a quick reference for those who may want to go back

and reread the highlights.

Chapter 1 sets a framework for the discussion, noting the

importance of teamwork and division of labor, and recognizing

that no two trials are the same. Chapter 2 sets forth tasks that

might be best accomplished between 60 and 30 days prior to trial,

such as determining how exhibits will be prepared and presented to

a jury, resolving any potential coverage issues, determining whether

settlement negotiations should still be pursued, and determining

how the case will realistically be perceived by a jury.

Chapter 3 is the meatiest portion of the book and covers days

30 through 20. Suggested items for completion include pretrial

statements, exhibit and witness lists, proposed jury instructions,

and a verdict form, among myriad other suggestions. This serves

as a handy checklist to focus efforts toward ensuring that no time

is wasted in the lead-up to trial. Felmly acknowledges that no two

jurisdictions are the same and that deadlines for this checklist may

vary, depending on the particular venue. Further, he provides back-

ground on how and why each task is important and how each

contributes to readiness for the start of trial. Importantly, while he

assumes a modest level of understanding of each task, he writes for

a broad enough audience that the discussion is benecial to both a

rst timer and the attorney who has already has one or two trials

under his or her belt.

Days 20 to 10 are covered in a concise Ch apter 4, dedicated

to the pretrial con ference, marking exhibits a nd resolving objec-

tions, and prepar ing the client for trial. This d eals with the prac-

A Helpful Primer for

the Young Litigator

Preparing for Trial: 60 Days and Counting is available at http://bit.ly/LN483-preparing.

ticalities a nd horse-trading that can ta ke place in determining

what evidence wil l and will not come in, along with demys tifying

how jury selection w ill proceed. Chapter 4 also ser ves as a timely

reminder that— as important as it is for the attorne y to be ready

for trial— the clients should be adequately prepared to know thei r

role at trial and how they shou ld comport themselves in and out

of the presence of the jur y.

Chapter 5 covers day 10 to day 3 and discusses prepar-

ing for witness testimony via direct and cross-examination, as

well as learning as much as possible—without crossing lines—

about potential jurors. The use of outlines for trial testimony

is discussed at length, as is the importance of knowing areas

of potential testimony, determining what evidence will have

already been introduced during a particular witness’s testi-

mony, and, above all else, retaining the ability to be exible.

Finally, Chapter 6 covers the nal three days prior to trial

and provides helpful suggestions on how to put a ne polish

on the case, now that all the hard work has been expended.

This includes honing one’s opening argument, achieving the

proper mindset, and reminding about the small things, such as

having adequate ofce supplies, setting sufcient alarms, and

being at the courthouse early. This discussion reinforces that,

if the book’s suggestions have been heeded, the lawyer should

feel as if he or she has done everything necessary to go to trial.

In sum, Preparing for Trial is a handy reference that com-

bines wit and practicality in a single, short, and readily accessi-

ble read that will have you set for trial, as the author promises,

in 60 days. “All rise!”

By Grant H. Hackley, Litigation News Team Editor

SPRING 20 23 • VOL. 48 NO. 3

34 | ABA LITIGATION SECTIO N