This morning, May 5, 2008, I will be in trial in the San Francisco Bay Area. As I sit here, getting ready to fly up to San Francisco with my partner in a couple of hours, my thoughts are of adversarial conflict in a Court of Law, i.e. a jury trial, and making sure everything is ready.
Only a trial lawyer knows this feeling. It is the culmination of months or sometimes years of preparation. You think of the first time you met your client, you think of how they were injured, and then you do the best that you can to get them the most compensation possible. Conducting a jury trial takes years of expertise and experience.
There are some lawyers out there who advertise and sign up cases, yet they have never done a bench trial or jury trial. All they try to do is settle cases. If they cannot settle they either drop you or get you to find another lawyer. I cannot fathom that!
So here I am, looking at exhibit lists, evidence, witness lists, notes, deposition transcripts, discovery, jury instructions, subpoenas, demonstrative evidence, oppositions to motions in limine, and finally my trial brief and short statement of the case. I am ready for trial. If the opposing side has done their homework they will also be prepared.
Two lawyers are on the eve of battle; a jury trial. A battle of intellect, a battle of theories, and a battle of wills, all in attempt to get to the truth and win our case for our respective clients!
A trial is the most stressful experience a lawyer goes through in his or her practice, unless they don’t actually do trials.
Before I start a trial I look over at my client knowing that it is up to me to convince a Judge or Jury of the merit of their case, and that they should give my client a judgment.
So there it is; the thoughts of a biker lawyer about to engage in battle.
By Norman Gregory Fernandez, Esq., © 2008
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