Trial Tips For Lawyers
by Lloyd H. Golburgh, Esq.
Organization of Evidence and Voir Dire
When asked to write this column, the first thing that came to mind was my last trial a couple of weeks ago in West Palm. Three things in particular helped make the difference in getting a not guilty verdict. First and foremost was organizing evidence, reports, depositions, and exhibits. The other two concerned Voir Dire.
¨ Trial Tip #1: Take time to prepare a Trial Notebook:
My case was a DUI-related crash with multiple state witnesses, including police officers, paramedics, medical personnel, and the state's expert toxicologist. I set up my Trial Notebook in two separate binders. The first binder contained deposition transcripts and police reports of each of the state's witnesses. These were separated accordingly with index tabs. The second binder contained only the evidence pertaining to the blood-draw and blood-analysis. This included the deposition transcript of the expert toxicologist, the toxicology reports and all of the chain of custody documents related to the blood sample. The state had numerous witnesses. Having a well-organized Trial Notebook helped me to readily catalog and access the evidence I needed without having to fumble around for things during my cross examination. The jury knew right away that I was fully prepared, organized and professional. Most importantly, I was authoritative and in control. My Trial Notebook made that possible.
¨ Trial Tip #2: Learn the Names of Prospective Jurors:
Don't waste time talking about hypothetical situations that are confusing! Don't attempt to pre-try your case! I do spend a lot of time trying to learn the jurors' names. That's right. Because the Judge and the state do their voir dire before me, I have time to learn each and every one of the jurors' names before I stand to address them. I believe this has a dramatic effect on people who love to hear the sound of their own name. They were forced to listen to the Judge talk for half an hour. Then the state attorney talks for another half hour. Both of these interrogators have sufficiently intimidated the prospective jurors. Now, I rise and approach them with a lot of energy and confidence. I call them by their first names as if I've known them for a long time. People like to feel important. Jurors are no different. When I walk up to the podium and already know their names without having to look down at my juror sheet, they feel important and want to listen to everything I have to say. This gives me a great advantage.
¨ Trial Tip #3: Teach the Panel What They Need to Know to be Successful Jurors:
Use your time on Voir Dire to teach the jurors about the burden of proof; i.e., what it is, who has it, and how it differs between what the police need to satisfy on the street and what the state needs to satisfy in court. Most lay-people [jurors] learn about jury trials from television and movies. Most people just don't understand that the Defense has absolutely no responsibility to prove anything at trial. They have never considered that the police officers make an arrest simply based on probable cause. I make sure the jury understands that police need only probable cause to arrest and this allows me to avoid calling the police witnesses liars if that doesn't directly benefit my particular case. Jurors really don't comprehend what it means that the state attorney MUST prove its case beyond reasonable doubt in order to obtain a conviction. I get the jurors to promise me that they will require the state attorney to meet its responsibility to prove the elements of the crime beyond a reasonable doubt before they ultimately make their decision..
These tips have helped me, and they will help you also, to obtain more not-guilty verdicts. |