Courtroom attorneys who handle legal disputes for clients often help resolve them without going to trial, while also helping prepare them for them by reviewing relevant legislation, document, and discussing potential advantages and disadvantages for their case.
At trial, lawyers present their evidence before both judge and jury, make opening remarks, question witnesses, and present closing arguments.
Knowledge of the Law
An attorney representing their clients in court must possess in-depth knowledge of both current and case law that applies to their legal matter, in addition to knowing what a judge, jury or prosecutor might consider reasonable. They must also understand which concessions can realistically be obtained through negotiations.
Pleadings are written statements submitted to courts that detail what happened and the lawyer’s requests of them, asking the other side for an answer and assigning each pleading a number so it may be considered in trial proceedings.
Pleadings must include evidence and witnesses that support their position, if not successful in winning their case they can request a new trial or relief in appellate court. At trial, attorneys present their cases before the judge for decision and question witnesses as well as debate points of law and fact – potentially leaving both psychologically and emotionally draining experiences behind.
Preparation for Trial
Before any trial begins, defense attorneys must carefully scrutinize the prosecution’s case, which may include police reports, laboratory results and witness testimonies for inconsistencies or factors that might undermine their narrative.
Lawyers must formulate a strategy for cross-examining witnesses. They should work with witnesses to ensure they understand courtroom etiquette, types of questions they could face during cross examination, as well as potential tactics their opposition could use against their testimony.
Lawyers must consider any motions the opposition might file during trial, such as one to dismiss or one for summary judgment, and effectively address them to avoid making mistakes which would hinder its progress.
Trial Presentation
Trial presentation skills are integral in providing a persuasive argument in front of both judge and jury at legal proceedings. An organized, well-delivered trial presentation can expedite proceedings quickly.
Courtroom technicians play a critical role on trial teams, helping prepare and organize audiovisual aids that will be needed during an argument. They can also edit photos and videos as necessary on short notice for exhibits, depositions and other evidence as necessary.
Skilled technicians can alleviate pressure in the hot seat and enhance your presentation, helping to address unexpected issues that might come up during trial and helping to respond more efficiently to opposing counsel’s arguments and assertions. Furthermore, skilled technicians can present exhibits in visual form so the jury understands your client’s story easily while captivating their attention with custom graphics or animations controlled by trained hot seat operators.
Negotiation
Defense attorneys must have the ability to effectively communicate with and present arguments on behalf of their clients to the prosecutor. This skill is especially critical during plea bargaining; defense attorneys must negotiate for appropriate charges and sentences for their clients while simultaneously evaluating all available plea options and making informed decisions regarding what course of action will work best.
Attorneys should also be able to explain collateral consequences to their clients, such as the impact of conviction on government housing or whether Child Protective Services would become involved. Public defenders and one assigned attorney indicated they discuss these issues during counseling sessions with clients.
This qualitative research revealed some important insights into the nature and benefits of plea bargaining and its associated counseling. Future research should investigate how different training/education, negotiation and counseling strategies may have an effect on final case outcomes.