AFTER THE MECHANICS, LAY DOWN THE PRINCIPLES.

Mechanics

 The most important technique is the plan of the trial which is recorded in your Trial Book. The
Trial Book also contains a record of how you are implementing the plan.

What good comes in having a trial book?

 Trial judges are impressed by lawyers who are prepared when they appear in court, and the Trial
Book shows them that you are prepared.

 Saves time in the long run. With the Trial Book, you simply go over your trial notes and you will
remember what's happening. It is a lot of work to keep it, but it has tremendous compensation.

 The biggest bonus that you will get out of using this Trial Book is that it will force you to think of
your cases.

 It will give you confidence at the end of the case that you have proved everything that you have
planned to prove at the beginning. you may lose the case but at least you know, for my own
satisfaction, that you have given it everything that can be reasonably expected of a lawyer.

Principle – plaintiff

How should you plan your order of proof?

 The usual practice is this: You start the case with a strong witness.

Who is a strong witness?

 The strong witness would be a person who can withstand searching, probing cross-examination
and can give the court a general picture of your case. A witness who can testify to most, if not all
of the elements of the opponent's liability. You can tackle the matter of damages later. But your
first witness must have the capability to present evidence on the essential elements of the case -
at least as far as liability is concerned.

What should you do if you have to present weak witness because only that particular witness can testify
to some vital points?

 You put him in the middle. And right after him, you Par some other witness who can corroborate
this weak witness on other points. Naturally, he cannot corroborate him on the point that only
this witness can testify to. But he can corroborate him on other points. Then you end, hopefully,
with a strong witness.

Principle – defendant

What about the proof of the defendant? Does he follow the same order?

 Well, as far as the defendant is concerned the matter of having a witness who can give the court
a general picture of the case is not really very important.
Why?

 Because by the time the defendant presents his evidence, the judge already has a good idea of
what the case is all about, inasmuch as all of the plaintiff's witnesses have already testified and
the defendant has already cross-examined them.

 The judge will already have an idea of what the case is all about and what the issues are.

 Therefore, as far as the defendant is concerned, his major consideration is how to create a
favorable first impression on the judge. You don't have to follow the guideline on the
chronological order of strong witness, weak witness, strong witness. What is important is to hit
the judge quickly with your first witness, to overcome the psychological effects of the plaintiff's
witnesses

 Very often, plaintiff's witnesses testify that the defendant did or said such and such a thing. You
might be tempted to have your clients deny it right away. But it’s a better practice would be this:
call your defendant, have him give his testimony in narrative form; then at the end of the
narrative before you turn him over for cross-examination, ask him a series of questions like -

Question: The witness, Mr. So-and-so, said that you have said such and such is true.
How would you respond to this?

Answer: No, sir, I did not say that.

Question: All right, what is it that you really did or said?

Your client will now say or explain what he did. This is one way of being able to get the same
story twice before the court without its being objectionable.

KNOW YOUR JUDGE

 The most important consideration of all, which is the matter of the judge's predilections and
idiosyncracies. You will have to convince the man who is sitting on the bench. You may not agree
with him, you may not like him as a person; you may think he doesn't know the law, you may
think he is stupid; but he is the fellow who is going to decide your case He is the man whom you
have to persuade, not the Supreme Court, not the Court of Appeals. You have to get through to
him first.

 Therefore, a basic consideration in planning is to know your judge. Not in the sense of
influencing him, but know him in the sense of knowing his peculiarities.

How do you know your judge when you have never had a case tried before him?

 Go to his courtroom and sit at the back and watch how he tries a case and you will learn a lot.

 Another way is to ask your compañeros (colleagues) who have appeared before him.

 You can also go to his clerk of court or stenographer and ask about him.
TIPS IN PRESENTING WITNESSES

 Just follow your Trial Plan. You know your witness' weaknesses, you know what to watch out
for, you know what important points to bring out; so, no problem, except for one thing: many
young lawyers try to show off their legal ability in court.

 Although the talk to their witness in simple language in the office, when they go to court, they
question their witness using big words. The result is the confusion.

What should you do?

 Whatever words you used in questioning your witness in your office interview, use those words
in court. Don't surprise your witness by changing words. He may not understand you.

Tip number 1: Don't change your language. Don't change the wordings of your questions
from the office interview to the court

Tip number 2: Don't ever ask any of your own witnesses about any exhibit that you have
not discussed with him at your office.

Tip number 3: If your witness is going to identify an exhibit, explain to your witness all
these big words that you have to go through in court to authenticate the exhibit.

Tip number 4, is this: Whenever possible, get admissions or stipulations on your exhibits
to eliminate the need for this ritual of identification in court. However, there may be
occasions when you want to keep your exhibit to yourself

What are these occasions? When should you ask for stipulations?

If you’re going to present an exhibit on direct examination and if you’re sure that the
adverse party knows your client has those exhibits, then you should present them for
stipulation. You lose nothing. But if your documents contain matters that you will use on
cross-examination, or if you think the adverse party can prepare a defense, then you
should keep your documents until the last minute.

Final tip, is if you want to become a trial lawyer is try cases.