No-Nonsense Advice for Clients Going to Trial
A lot of people say negative things about lawyers: They are too technical, they charge too much, you can’t understand them--these are just some of the complaints.
But it is important that you understand how to deal with a lawyer, especially if you are going to trial.
The American Bar Assn. has produced a litigation manual, written by lawyers for clients, that specifies responsibilities in the trial of a lawsuit.
You’ll find it in the winter, 1993, issue of the Compleat Lawyer magazine, published by the ABA. The special issue includes stories and checklists covering the cost of a lawyer, your role in the litigation team, the importance of honesty and candor, pretrial discovery and depositions, what experts do at trial, what the verdict means and whether you should appeal, plus a glossary of legal terms.
Here is a sampling of the direct, no-nonsense advice: “As you reflect on your coming trial, remember that you and your lawyer are a team. Your lawyer is preparing for your litigation, and so should you. Organize your thoughts and make sure that you have a complete understanding of your testimony. . . . Litigation is really an organized process to bring information to the judge or jury who will make the ultimate decision in your case. Their decision will depend on the facts of your case as well as your attitude, behavior and to some degree your appearance at the trial.”
Here is a sample checklist, this one on the attorney-client relationship:
YOUR RESPONSIBILITIES:
* Ask for any and all information you need to understand the process and make informed decisions.
* If you don’t understand something, say so.
* Tell your lawyer everything you know about the matter at hand.
* Never lie or hide the truth.
* Be candid about damaging evidence.
* Listen to your lawyer’s advice on answering questions that relate to potentially damaging evidence.
* When you testify, don’t volunteer information over and above that which is asked for.
* Talk with your lawyer about strategy, but do not attempt to change the game plan on your own.
* Sit in on another case to familiarize yourself with the courtroom surroundings and procedures.
YOUR LAWYER’S
RESPONSIBILITIES:
* Determine what facts are useful and relevant.
* Consult with you about how best to pursue your goals.
* Give you general advice about answering questions.
* Help you rehearse answers to questions likely to be raised.
* Counteract or dull the impact of potentially damaging evidence.
* Structure your testimony to present your strongest case.
* Ask only questions to which he or she already knows the answer.
* Not reveal confidential information unless you consent.
* Not lie for you or protect your lies.
* Not assist anyone who intends to commit perjury.
* Not protect information you reveal about future criminal acts.
* Disclose false testimony to the court.
* Enforce the lawyer’s ethical duty to the court and the opposing party.
This special issue goes a long way toward taking the mystery out of the litigation process. You can get a copy by writing to American Bar Assn., attention Deborah Eisel, editor, 750 Lake Shore Drive, Chicago, IL 60611. Mention that you are a Legal View reader and you will get the reduced price of $7.50, including mailing and handling. Make your check payable to the American Bar Assn.
