Prepping Client for Trial (Updated 2024)

UpdatedDecember 15, 2025

Trial-outline-Prep

TRIAL PREP OUTLINE WITH CLIENT

What this prep is?
1. Generally two parts. This will be the basics, what will happen, what we need to do to get ready, how to testify and focusing on precisely what you want
2. We won’t spend much time on SPECIFIC practice questions today.
3. Have you ever been in trial before? Tell me about it.
What happens at a Family Law trial?
1. 1. It’s a real trial…just like on tv, in the courtroom, with the judge the court reporter all that.
  2. It’s open: This means people can watch, can come and go.
    1. You’ll see us at the table (usually on the left side)
    2. You’ll see a court reporter, usually to the right side; they don’t use stenographers that much, so they record it all.

You are VERY important to this case.
1. You don’t just there and look pretty
2. I’ll have notebooks for you and you can take notes, or doodle or do whatever.

It’s important that you help me out, and by that I mean, I might lean over and ask a question to you or slide a note to you to answer.
1. NOTE: it’s important you don’t whisper to me UNLESS either A) it’s an emergency or B) I whisper to you.
2. The reason is I can listen to only one person at a time….this means if you start talking and someone else is, they might say something we should have objected to. So just be aware of that.

Demeanor
1. How you present is critically important
  1. What are you wearing?
    1. Avoid suit
    2. Avoid tie
    3. Not clubbing (no “trucker girl mud flap belt buckle)
  2. The message is you taking this seriously. No need for a tie or even a suit, but business casual or even a jacket is good.
2. Don’t react to what is said.
  1. Let me explain, no big head shakes, no comments, no grunts.
  2. You can change your facial expression, but if you shake your head or start talking during the testimony the Judge will get annoyed! Guaranteed! Don’t do it.
  3. Just sit, listen, take notes respectfully.
3. Order of events
  1. Before we start
    1. Often time the Court will want to talk to us, sometimes in court sometimes in the chambers or their office.
    2. Depending on the opposing attorney:
      1. This is important because the Judge might very well push her thoughts on what we want to have happen….
    3. Petitioner goes first…

Opening
1. Just like in a jury trial we’ll start with an opening statement, just telling the court what we are going to prove and how we’ll do it.
2. You’ll see the Judge focus on what we are saying and often times take notes.
3. They usually will do a very short opening as well, just sit and listen.

If we are petitioner we go first with our witnesses
1. CONFIRM who we have:
  1. So we have: you, etc, etc etc.
2. Order of witnesses?
  1. Go over primacy and recency concept…
3. So I’ll call say (wayne) first and you’ll take the stand, I ask you questions…then
4. cross exam
  1. the other lawyer can cross exam you, just like on TV.
  2. This is a big deal:
    1. DON”T be a jerk
    2. Listen to the question, answer it and there you go.
  3. Redirect
    1. IF you screwed up..or we need to another point or two out, we do Redirect, where I get to ask you questions about what was just asked (but nothing new)
    2. I usually will ask a few (but not always)
  4. Finally, you might be asked a few more questions but the other lawyer and I can always follow up if needed. There isn’t a limit..
  5. The Judge might ask a question at this time, or a couple
    1. IF you are the being asked questions by the Judge: answer them, no shenanigans.
  6. You’ll know I’m almost done when I say “Can I have a minute judge?”
    1. This is a code, where I’ll either turn to you, or my paralegal or Second Chair lawyer and just double check we got everything we wanted out of that witness.
    2. IF I ask you, you don’t need to say to me, but if you think I missed something, or something wasn’t clear OR even something popped up, quickly tell me and we can see if we need to ask that question, but BE READY, you’ll have about 15-20 seconds tops to tell me what you are thinking.
    3. IF I shrug it off, it doesn’t mean it was a bad comment, just that we don’t want to go there.
  7. Their witnesses
    1. Same thing…Direct, cross, re-direct, I’ll ask “Judge can I have a minute…”
  8. Rebuttal witness
    1. Now, once we go and they go…there is the possibility of rebuttal witnesses.
    2. If there is something that we didn’t see showing or is out of left field.say “I saw XX doing crack last week”. I might very well call you to the stand say “ You heard Mr. X say that you used crack, have you ever used crack?”
    3. We don’t always do it, it very fact specific.
    4. They have the same right call these “rebuttal witnesses”

NO closing arguments
1. Typically the memorandum of law and proposed order will be due submitted in 30 days.
2. THEN the court has to issue an Order in 90 days after the memo and order were submitted.
What happens if we REALLY win or really lose
1. So believe it or not we may not want a home run, an absolute crushing win..because it just means we will go to appeal
2. Appeal is another $5+K and possibly another 6 months or so.

Testimony Tips
1. You need to tell the truth! What does that mean
  1. If you believe it to be true, it is.
  2. If I say how do you like the weather “It’s terrible. Horrible” if you believe it it is.

Do we need to go crazy on this? Let me explain “want to go lunch next Tuesday”. You may say “yes let’s do that, but I’m not sure if umm..there is a terrorist attack we will have to reschedule..” well yes…obviously.

Stay calm
1. Again, stay. calm.
You’re going to talk A little louder and Slower,
1. The courtroom is big and it will feel weird
2. Do you need to look at the court nope.
I’ve found there are generally two Types of people
1. Bachelor Norwegian Farmer
  1. Give example. “How you been?” “ Good.” “what do you do for Christmas? “nothing.”
  2. Like pulling teeth, we all know those people.
2. Chatty Kathy
  1. Give an example. “so how is your day…..

Which one do you want to be?
1. TRICK QUESTION in the middle!

How to answer a question:
1. First: listen to the question:
2. Second: make sure you understand the question
  1. Example : Maam. Do you know what time it is?
  2. TRICK question
3. Third: Take a breath for a second or two before you answer
4. Fourth: Answer!
  1. How to answer Direct questions
    1. Short paragraph
    2. 2-4 sentences
      1. Give an example do you think that Kristen should have sole custody of Finn? (no)
    3. Not YES or NO.
    4. What do you think you say if you don’t understand the question”
      1. DON’T SAY CAN YOU REPEAT IT?
    5. It’s simply you and me talking
    6. When you’re done…stop.

1. How to answer cross-questions

Same rules…1-4 BUT
It’s a Yes or No, and finish the sentence. Then stop.

Slightly different

Stay calm, the lawyer isn’t your enemy

Watch out for:
1. Silence

Stop. The answer is the answer.
Give example

1. Arguing,. No point. You say what you and and done.
2. BE CERTAIN. (if possible)

Say what you mean and be done.

1. Don’t use Crutch words

I think, I believe, if I had to say, If I had to guess, usually, maybe, etc.

1. If there is an an Objection

Stop talking
Listen

Be aware…

Cheat Sheet (to give to client)

Understand the question.
1. what time it.?
what if dont understand question,
Give a short, confident answer
1. Stop talking when done
2. The answer is the answer.
Silence is ok.
1. be aware of the trick of silence
Loud & Slow,
My questions
1. short paragraphs
Other lawyer questions
1. Yes or no with an explanation
  1. Example: Question: Where you drinking when you drove the car?
  2. Answer: Yes, I had 2 drinks.
2. don’t argue
Avoid the use of crutch words
1. what you believe to be true..is true.
Objection…stop talking.
You’ll do just fine
next time we’ll practice particular questions

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