Trial Preparation Skills
Do you need trial preparation skills to function well in your job role? This article provides a guide on how you can develop the skills and include them on your resume.
What Are Trial Preparation Skills
Trial preparation skills are the necessary skills needed for the collection and organization of the raw materials a legal practitioner will require for a hearing or a court case. Grear trial preparation skills can give a judge and jury a thorough understanding of the facts and information that are presented in the case. Failure to adequately research and organize the facts of a case can result in a loss in court. Trial preparation skills involve the abilities required to create a guideline for the entire trial process. These skills are needed in a massive array of tasks designed to find evidence in support of the client’s case, as well as evidence to the contrary side of the case.
Trial preparation skills aid you in strategically finding all the witnesses who can speak to your case, documents and other evidence to bolster the case, and even experts to explain complex issues to the court. The legal practitioner has to comprehensively understand every piece of evidence, be able to bring it up instantly, and know precisely how it all fits together. Trial preparation can be a monumental task, and it is no longer assured to rely on outdated manual methods if you want to win your case.
Thorough trial preparation today requires the application of the software that helps you build your story and organize your materials. Trial preparation is a long, complicated process that requires every skill possible to make it easier. As the trial date approaches, the work piles up, and the final few weeks can be a scramble. However, the real trial preparation work begins much earlier on, as legal teams employ their trial preparation skills to survey evidence, establish their theory of the case, and create their most compelling narrative. It’s crucial that every detail of the case, every exhibit, and every possible variable is researched, studied, and catalogued so the attorneys are ready to present the best possible case.
Trial preparation is a big task, and finding the most efficient way of compiling the material can be difficult. This skill requires good organizational ability, attention to detail, persuasion, attentive listening skills, sound reasoning, strong reading comprehension, negotiation, research skills, good oral and written communication skills, and persistence. These skills are needed in evidence gathering, forensic investigation, private investigations, evidence analysis, preparing witness testimony, creation of investigation reports, medical investigations, and criminal investigations.
Importance of Trial Preparation Skills
- Increase the chances of winning a case
The ultimate goal of trial preparation is to win the case, and that can only happen when appropriate skills are utilized to achieve that. While it’s not true that the better-prepared side will always be the case, in situations where there is a great deal of uncertainty around who is likely to succeed in court, having the necessary trial preparation skills which enable you to be well-prepared can make all the difference. You don’t want to lose in court because you are skilled enough to prepare in the weeks leading up to trial and leave yourself to regret your poor ruling.
- Get your side organized
Even for very simple cases, there can often be a great deal of evidence and regulations to consider at trial. This is even more of a concern if there is a great deal of evidence at play, or if the law in question is complicated. Therefore trial preparation skills will enable you to prepare adequately in advance while also allowing you to make sure that no chances are taken and all possible advantages are utilised.
- Reduce the risk of surprises
There is nothing worse during a trial than the opposition presenting something you were unaware of and being caught off guard, potentially to the full detriment of your case. The better skilled and prepared you and your legal team are, the less likely you are to be blindsided and put in an unenviable situation.
- Boost confidence
A great deal of confidence comes with trial preparation skills. It is vitally important that your attorney can speak with confidence when questioning a witness or presenting to the judge or jury. This is hard to do when your lawyer feels they are insufficiently prepared, however, as there is always the fear that leading down a particular line of reasoning can be undone by a surprise they did not see coming. When you have done the necessary homework to prepare before the trial, it allows your lawyer to make a strong case to maximize your results.
How to Improve your Trial Preparation Skills
- Make use of technology
Technology can enhance and simplify nearly every phase of a court trial moment, from the organization of materials during trial preparation to questioning witnesses in court. A lawyer should use every tool available to make their work more efficient and significantly cut down on the risk of overlooking something. Providing their legal teams with technology that allows them to collaborate in a single, secure location ensures their team has what they need to build a compelling narrative. When multiple users can collaborate simultaneously, it eliminates issues associated with version control and allows teams to present arguments in an organized manner.
- Plan adequately
Thorough and meticulous preparation is the foundation on which a winning case is built. Without thoughtful and adequate preparation, even the best attorney will be caught by surprise and be unable to effectively argue the client’s case. Skills to aid in preparation and help with organizing and planning are especially beneficial for attorneys who want to leave nothing to chance.
- Prepare your witnesses
Almost no one imagines being summoned to the witness stand, sworn in, and confronted with difficult questions. This is a stressful circumstance that doesn’t bring out the best in individuals. One method to lessen some of the shocks of taking the stand is to prepare beforehand by having clients practise questions and mock cross-examinations. It wouldn’t be surprising if a new witness were anxious when being questioned harshly because even lawyers might become anxious or forget a crucial detail. Everyone involved can better understand how to respond by simulating a courtroom scenario, which also increases the attorney’s chances of winning over the jury.
- Create a strong narrative
A crucial aspect of trial preparation is creating a compelling narrative. Regardless of facts, expert testimony or any other case-specific details, the client’s case ultimately comes down to the narrative the lawyer presents. The likelihood that the judge and jury would see the story positively increases if it is practical, convincing, and memorable. In contrast, neither the judge nor the jury would likely give much weight to the evidence offered if a solicitor cannot effectively convey the case.
- Effective communication
Although an attorney serves as the public face of a case, they all work as a team to get things done. Clients, paralegals, support personnel, and anybody else involved in trial preparation fall under this category. It is challenging and crucial to make sure that everyone rows in the same direction. The only way to ensure that everyone on the team is aware of their responsibilities and how to handle any issues that may arise is through open communication. Legal teams and their clients incur significant costs and burdens when partners lack the means to communicate effectively. The difficulties of inadequate communication are eliminated by a successful trial preparation platform. Effective communication during trial preparation requires real-time collaboration, whether it takes place in the office or over the internet.
Jobs that Require Trial Preparation Skills
- Attorneys
Trial attorneys represent clients or other parties in legal cases and frequently make their arguments in a courtroom setting. If they are in the prosecuting role, they typically work for a government department or entity, whereas other trial lawyers work for businesses or private firms. They oversee depositions, question witnesses, present closing arguments, and guide the overall legal strategy. They provide legal advice throughout the entire process and may coordinate settlements or pleadings. They also manage appeal proceedings. They conduct extensive research to explore legal precedents.
- Lawyers
While any lawyer can go to trial, not all lawyers are trial lawyers. Trial lawyers pursue specialized training in client advocacy and have more experience in the courtroom than other attorneys that typically deal with out-of-court settlements. If your case is likely to go to trial or you simply want to be on the safe side, it’s a good idea to seek out a board-certified trial lawyer in the practice area of your case; this ensures that you are prepared with a highly experienced representative if the case is taken to court, and may even serve as a deterrent for low settlement offers from a defendant that wants to avoid a lengthy and difficult trial process.
- Litigation paralegals
Litigation paralegals assist trials and other attorneys during every phase of legal disputes. Litigation paralegals may perform generalized or specialized functions. Litigation Paralegals are the backbone of the trial team. They manage all of the details throughout every phase of the trial, from investigations to pleadings and discovery. The Litigation Paralegal works very closely with attorneys, assisting in depositions, witness preparation, and research. The paralegal is typically the one who prepares and handles all exhibits. They will also act as an assistant to the attorney during the court proceedings. Once the trial is over, the Litigation Paralegal will be responsible for closing out the case documents.
- Judicial clerks
Judicial clerks are also known as court judicial assistants. They offer assistance to judges by conducting factual research and providing written court documentation for upcoming and present cases. For law school graduates, this job is a great opportunity to experience judicial decision-making, gain confidence with writing on a legal level, and become comfortable with procedures that take place before and during a trial.
How to Include Trial Preparation Skills on Your Resume
- Write Compelling Summary
The summary section is the most important part of your resume because is the first thing recruiters will see, and it has to be compelling enough to make them want to continue reading the rest of your resume.
- Identify and Include Relevant Keywords
When you apply for a role that requires trial preparation skills, your resume is likely to go through an applicant tracking system (ATS). This system will scan your resume for certain keywords related to the job opening. If your resume doesn’t have enough right terms and relevant keywords, your application might not make it past the initial screening process. The best way to make sure you have the trial preparation relevant keywords on your resume is to read through a few job postings and take note of the terms used in the job descriptions. Then, use the same keywords throughout your resume.
- Highlight Your Technical Skills
You need to highlight that you are proficient in the use of technology that enables you to effectively manage your cases and communicate with clients. Prospective employers will likely look for evidence of your technical skills on your resume, so be sure to list any programs, applications, systems, or methodologies that you are proficient in. You can organize your skills into specific subsections to make them easier to see, and you can indicate your level of expertise for each skill.
Examples of How to Include Trial Preparation Skills on Your Resume
Professional Summary:
- A driven trial attorney with a record of success in high-stakes litigation.
- 3 years of experience in personal injury, medical malpractice, product liability, and complex commercial litigation.
- Skilled in the management of trials from beginning to end, building relationships with clients and key decision-makers, and securing favourable outcomes for clients.
Work Experience:
- Defended clients successfully against multi-million dollar allegations by identifying weaknesses in the plaintiff’s case early on.
- Prepared detailed legal correspondences including complaints, motions, briefs, and pleading documents for trials and negotiation purposes.
- Filed comprehensive discovery requests that enhanced the production of relevant evidence quickly from opposing parties.
- Maintained communication with clients, witnesses, and other involved parties throughout the trial period.
Education
- LLM in Corporate Law, Havard law school (2021)
- LLB in Public Law, University of Texas, Austin (2018)
- BA. in Public Administration, University of Ghana, Accra (2013)
How to Demonstrate Trial Preparation Skills in an Interview
- Emphasize your effective use of trial preparation skills and your accomplishments with them.
- Be knowledgeable about the information on your resume and ready to defend them.
- Describe your experience with the role you are interviewing for
- Sell your soft skills
- Ask relevant questions
- Show confidence in yourself
- Display knowledge of law-specific terminology
- Demonstrate an understanding of how to effectively prepare for trials
Examples of Interview Questions to Test Trial Preparation Skills
- Describe a time when you had to negotiate with an opposing party to settle.
- What would you do if you discovered that a key witness was lying about their testimony?
- Describe your process for preparing a closing statement for the jury.
- What do you think is the most important thing to remember when giving testimony in court?
- What have you done over the past 3 years to improve your trial preparation skills?
- Do you have experience working with expert witnesses to help you prepare for a trial?