Wednesday, October 23, 2013

Move Over Kreskin


I have a three day trial next week.  It is overwhelming.  It's not that there's so much to do, once you start  in on it.  It's not that there are a whole lot of exhibits to copy, because there aren't.  It is not the work that's overwhelming:  it's the responsibility.  The fate of a small child and a family ride on the outcome of this trial.  That's a lot of pressure - for everyone.  Will my arguments be enough to carry the day?  Will the judge see the facts that support my clients' case and rule in their favor?  I'll do the best I can, but at the end of the day, it isn't up to me.  It's up to the judge.  That's the interesting part about litigation.   You have to put yourself in the mind of the judge and try to see the case the way the judge will.  You have to try to guess what is important and not so important to the judge.  Does he like a lot of exhibits?  Not too many?  What kinds of witnesses impress her?  Does he like experts or think they're full of it?  Are teachers good?  What about neighbors?  What ticks the judge off?  Adultery?  Financial hardball?  Every judge is different, and you need to know what each of them wants.  Here in my Trenches, you don't find out what judge you have until the day before trial.  That makes an awful lot of work  and anxiety.  I know it's not my life, but I feel responsible for my clients'.  Here in the Trenches.

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