Trial Preparation: Zooming out to see the Jury’s Perspective [Ep 135]
In this episode of Trial Lawyer Prep, host Elizabeth Larrick presents a structured approach to mastering trial preparation. She emphasizes starting with a comprehensive review of your case file, scrutinizing key documents like depositions and expert reports to identify core issues in liability and damages. This initial step involves crafting two crucial lists to streamline your strategy: one for liability and one for damages, ensuring you are aware of potential pitfalls and ready to advocate effectively in the courtroom.
The second step is to evaluate your case through the lens of a juror, focusing on worst-case scenarios and simplifying complex issues into clear yes-or-no decisions. This perspective helps in assessing the risks and understanding what aspects need reinforcement. Finally, Elizabeth discusses strategies for fixing or neutralizing any identified weaknesses, whether by gathering additional evidence, reconsidering claims, or adjusting your trial strategy. By following these steps, trial lawyers can enhance their preparation, connect better with juries, and confidently navigate courtroom challenges.
In this episode, you will hear:
- Importance of a comprehensive case file review
- Crafting liability and damages lists to identify potential issues
- Evaluating trial risks through a juror’s worst-case scenario lens
- Techniques for fixing or neutralizing problematic issues
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Supporting Resources:
Need that list of books to get your brain excited about trial prep? Go to Episode 134.
