Eleven Ways to Improve Your Trial Skills
In other pieces we've discussed how to prepare for trial by organizing all your information and by creating a trial notebook. But as you well know, there's a world of difference between being organized and truly being ready. Once you step into court, organization helps, but winning depends entirely on how well you've honed your T.R.I.A.L. S.K.I.L.L.S.:
Toastmasters - Improve your public speaking abilities and confidence. The more you speak in public, especially in front of seasoned speakers who can constructively critique your style, the better you'll be in a trial setting whether questioning a witness on cross examination or delivering your opening or closing remarks.
Rest, Diet, and Exercise - Feeling and looking your best can sway a jury. More importantly, your energy levels will dictate how well you can focus on your case and keep up with the pace of trial.
Image - Visit an image consultant since people really do judge a book by its cover. How do you come across to others? As a together winner or as someone who's totally out of their league? Sad to say, but you'll be sized up by opposing counsel, the judge, and the jury based heavily on your appearance.
Analytical Thinking - Work puzzles or play chess to exercise different parts of your brain. You may know all applicable legal statutes and precedence by heart, but unless you can organize your thoughts to know which facts to whip out at the right moment, or how to convince a jury by logic alone, your court room results may be less than stellar.
Law Courses - Constantly brush up on the core of your profession. Logic and organization are only as good as the subject on which they're focused. Always stay abreast of legal issues, case law, statutory law, cases adjudicated or pending in higher courts, and current and pending legislation.
Software Tutorials - Technical skills are as useful in court as any reasoning skill. Keep up with the software and hardware you'll be using and know how to handle those inevitable curve-balls your computers and software packages will throw at you at the worst possible moment.
Know how to Debate - Trial is an organized argument; a debate. The better you are at understanding the opposition's position and approach, the more successful you'll be. Provided, of course, that you can organize your side of the debate into either a presentation of facts or a persuasive oratory. Many metro areas will have a debate club. Though some might consider this a "nerdy" activity, keep in mind how much your enhanced skill set can add to your bottom line.
Investigation Courses - The more you know about the investigative process the better your understanding of the case itself. Though you should generally outsource full investigations to licensed and experienced investigators, you're the one that will be in charge in court. The better your "detective instincts" the better you can spot the flaw in the opposition's case, read jurors' body language, or detect deception in a witness.
Legal Assistance - In his book "The Tipping Point," Malcom Gladwell pointed out that in general, people who spend 10,000 hours or more practicing a specific activity become expert in that activity. One thought here is to spend time volunteering to help the indigent. The more time spent in court the better you become, so pro bono work really does have its benefits.
Libraries - Spend more time reading in general. This works different areas of your brain and keeps your thinking sharp. In fact, reading good mystery novels helps keep the analytical portions of your thinking young and energetic. Reading is great, but the other side of that coin is writing. Take a creative writing class if you can find the time. Not only does it help keep your reasoning razor sharp, but it will help with your written presentations to the court, handouts for the jury, labeled visuals used in trial, and any number of areas where your written word might as well be etched in stone.
Sales Training - A presentation in a court of law is a sales presentation pure and simple. You want to sell judge and jury on your client's position with a combination of facts and persuasion. One great way to develop that particular skill set is through salesmanship training. Most metro areas will offer courses. Check leisure or continuing education guides for your location.
For no-cost, no-opt-in copies of our ebooks "The Trial Notebook" and "Case Management 101" visit our home page at http://www.theattorneycasefile.com/. Copyright 2011 - Paul Purcell. Permission is granted to share this article with others provided all portions remain attached and intact and include source information.
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