I recently read in a case that “[i]t is very easy to second guess the necessity for and the
amount of preparation for the trial of any matter. However, it goes without
saying that better prepared lawsuits usually look simple simply because
they are well prepared.” Caldwell v. Caldwell, 1988 WL 69506 (Tenn. Ct. App. 1988), 5. In the last two weeks, the Rice Team has
prepared for two major trials to start and I have been amazed at the level of
preparation it took to get ready.
The
first way the attorneys prepared was mentally.
Not only did the attorneys need to have their own arguments prepared but
also had to think through every possible argument opposing counsel might throw
at them. This required a lot of thought
and strategy. It also required the
attorneys to be ready to, at a moment’s notice, mentally comb through all the
vast amounts of information they have in the case and pick out the one possibly
obscure order, deposition comment, or email that would prove their argument or
rebut an argument.
Besides
being able to recall that the information even existed, the attorneys needed to
be sure they could find it just as quickly.
This is where I came in. This
required a lot of copying, making charts, file folder labeling, sorting,
tabbing and many other assorted activities that helped in the organization of
the case.
I did
not personally attend either of these particular trials, however, I have
attended trial before with Larry Rice and I witnessed how this level of
preparation worked and worked extremely well.
Almost no time was wasted in looking for documents. Because there were copies of those documents
for each person who needed them, no time was wasted in passing documents back
and forth or waiting for opposing counsel to find the copy they might have had
with them. If opposing counsel
referenced anything, or Larry needed anything, he had it in his hand almost
immediately.
One
last aspect of being well-prepared, although not necessarily a tangible benefit
but a benefit none-the-less, is more of an emotional one. Although the process leading up to trial and
preparing for trial is stressful and anxiety –ridden, knowing when you hit the
courtroom you have done everything in your power to be prepared means once you
get there, you can focus solely on what is happening in front of you. Having it in their minds that they are ready
and not that they will not be ready for something helps the attorneys focus on
what they need to know, do and argue.
This focus only helps the attorneys be even better advocates for their
clients.
The
level of calm that comes with being well-prepared may make it look simple to
everyone in the courtroom, but the process to prepare was in no way simple at
all.
