I am a trial attorney, a lawyer for the people. I want to be as indignant as my clients are about their losses and to represent them fully.
In order to do this, an attorney must link the evidence that the law requires to the story told by the client in order to fully represent our clients. In a court, admissible evidence is any testimonial, documentary or tangible proof presented to a factfinder in order to prove a claim. To make the evidence reliable, it is important to establish the credibility and knowledge of the witness. The evidence must be genuine and show the causality between the act and harm.
It is important that, as trial lawyers, we understand our clients’ stories like we’ve walked in their shoes. In an injury case we need to go back in time to the client’s past to understand the situation. We can help the client tell their story by guiding them to the past. In a commercial case we need to find out the truth about the party who was wronged. What was expected by the parties? Why? Why? It is important to start the storytelling process early to learn our clients’ stories. This is what a juror needs to decide.
We examine our client’s past, knowing we’ll be facing a juror, a group consisting of 12 strangers, who have not met this person but are called to judge their case. Our client will need to connect with the jurors on some level.
What must jurors know? Losing the ability to golf is more important for our client than trying to be a professional golfer? Can jurors relate to a loss in their own lives? Does the client care more about the reputation of a company because their grandfather worked hard and succeeded in founding it 30 years ago? Can the jury relate to this type of loss and how it feels? What is the real story of your client? What are the personal facts that jurors should know about our client to understand his character and know that this is a worthwhile cause?
We can get to know our clients better by listening, asking probing and insightful questions, and visiting them in their real life. It is important to show our curiosity by removing our “lawyer’s” hats and being “people” instead.
It is important that I walk into a jury with my client. It is important to me to walk into a jury with my client as a friend. I am proud to be able make a positive difference. It gives me a sense of purpose and meaning to be able to advocate for a good cause.
The key to being an effective trial lawyer is knowing the client’s history.
The post The best jury evidence for a trial lawyer: the client’s story first appeared on Attorney at Law Magazine.