Preparing Ourselves

• Author: Daniel Small
• Profession: Is a partner in the Boston and Miami of ces of Holland & Knight LLP
• Pages: 25-30

Goals

Before we prepare a witness, we as lawyers must prepare ourselves. If we

are to become effective advocates for our clients, we must rst take the

necessary steps to ensure that we are adequately prepared to prepare the

client, develop the case, and present the case before the judge or jury if

appropriate. The primary goals of lawyer preparation can be referred to

as the Three Cs: control, credibility, and condence.

Control means being prepared and organized enough to minimize groping

and fumbling. Murphy’s Law always applies in a deposition room, court-

room, or other legal setting. Anything that can go wrong will go wrong.

The more prepared we are and the more prepared our witnesses are, the

fewer the problems that will arise, and the better we will be able to deal

with the inevitable disasters that come up in litigation.

Credibility means being prepared to the extent that the witness is more

inclined to trust you, the judge is more inclined to rule for you, the other

side is less inclined to challenge you, and the jury or nder of fact is more

inclined to believe in you. That means being prepared and organized enough

to know that if you say something, it’s correct and clearly supported.

Condence does not mean not being nervous. Condence means being

prepared and organized in such a way that you walk into court knowing

that you are prepared to encounter any potential obstacle.

Some years ago there was a series of commercials for a line of pasta

sauce. The tag line at the end of each of the ads was always “It’s in there,”

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Chapter 8

Preparing Ourselves

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