(Editor’s Note: This is an excerpt from an article written by Tamires M. Oliveira and Gregory L. Grossman from the December 2023 issue of New Jersey Family Lawyer. Section members can read the full edition and article here.)
Every attorney remembers their first trial! No matter how skilled or experienced a trial attorney becomes, they began somewhere. While trying your first family law case can be intimidating, it is an exciting learning opportunity. This article provides useful tips to prepare for your first family law trial so the opportunity will be a positive experience.
Know the file better than anyone else in the courtroom
At your first trial, few things will be entirely within your control. You may be overwhelmed by the many nuances of the case law, statutes, court rules, and evidence. It may be difficult to know where to begin. However, one thing will be fully within your control – your factual knowledge of the case. Knowing your file inside and out is a key component and can provide you with a distinct advantage at the trial.
Mastering the file means having a comprehensive understanding of the parties, the procedural history, the witnesses, the experts, the evidence, and everything else that is involved in your case. You will need to read every document in your file regardless of who produced it. Your thorough review of the file may reveal a line in an order, a report, or even a bank statement that is seemingly unremarkable but now has the potential to change your trial strategy for the better. Mastering the file takes time, effort, and hard work but, in the end, it pays significant dividends.
Preparation is key
What good is information if it cannot be easily used? Once you have read through and mastered the file, you will need to distill the information you learned into a format that is user-friendly and capable of being presented in a clear and concise manner. Here, preparation is critical. Many attorneys ensure proper preparation by creating trial binders. Trial binders are binders created specifically for trial which often begin being created at the inception of a case. Trial binders contain key information and documentation that furthers the theme of your case including, but not limited to key procedural documents, evidence, pertinent law, anticipated evidential objections and in limine arguments. Through your trial binder, the information you need will always be at your fingertips and accessible to you, allowing you to be present and fully engaged during the trial.
In preparing, make sure you’ve done your research on the trial court and are prepared to appear in front of your trial judge. Some judges will start the trial by letting the attorneys know that they have read the pleadings and do not want the attorneys to reiterate what they’ve already read. Other judges prefer that attorneys fully present their position and the law that applies to their case. Some judges may be more lenient as to the application of the Rules of Evidence, while others require strict compliance. It is crucial to know as much as you can about the judge assigned to your case and what they expect at the time of trial. Each judge controls the courtroom differently and knowing what to expect of your judge will give you valuable insight of the extra steps you might need to take to be fully prepared to try your case. Once you are educated as to what to expect about the trial judge’s style and preferences, you can make informed decisions as to what to include in your trial binder.