how to prepare a case like an attorney

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way. Rambling on about hurt feelings is a major red flag.

Full Answer

How do you prepare for a court case?

 · Prepare copies of the original documents for the lawyer. Providing relevant documentation can help the lawyer better understand your situation and prepare your case. You may be able to fax or email documents ahead of your initial consultation. Discuss Your Situation You probably have many things you want to tell the lawyer at your consultation.

How do I select an attorney for my case?

 · Stay up to date with your case. Find out your trial schedule. Read the complaint. Figure out which court rules apply. Identify and locate your evidence. Prepare your documents for trial. Find out more facts: use the discovery process. Identify and prepare any witnesses. Analyze the strengths and weaknesses of your case. Ensure access to the courts.

How do lawyers try to win a new case?

 · We prepare them for depositions – meetings with the other side’s attorneys, where witnesses have to answer a series of questions about the facts of the case. Taking ample time to prepare all witnesses can make for a stronger case. Create and Gather Materials for a Trial

How do I prepare for a meeting with my lawyer?

 · Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.

How do you prepare for a trial of a case?

7 Tips for an Efficient and Effective Trial PreparationPlanning every aspect of the case. ... Ensure proper communication between all members connected to the case. ... Know the judge presiding over the case. ... Preparing witnesses for trial questionings. ... Prepare to always present a calm demeanor. ... Prepare a believable story.More items...

What is the style of a legal case?

One simple way to learn a lot about a vehicular accident lawsuit is to analyze the case's "style." The "style" of a case is the caption at the top of a pleading that names the plaintiffs, defendants, case number, and court where the case is pending.

How do I prepare myself for court?

Before Your Court DateRead your court papers. ... Make a list of your reasons for each request. ... Observe hearings ahead of time, if you can, in front of the same judge or for the same type of case as yours. ... Research any remaining legal issues in your case.Review all discovery (if there has been any).More items...

How do you present a legal case?

10 Tips for Presenting Your Case in CourtObserve other trials. ... Do your homework and be prepared. ... Be polite, courteous, and respectful to all parties. ... Tell a good story. ... When presenting your case in court, show the jury; don't tell. ... Admit and dismiss your bad facts.More items...

What does V mean in law?

The name of the person bringing the action comes first followed by the name of the defendant, e.g. Smith v Jones. The small letter “v” is an abbreviation of versus. However, the term “and” is used to. pronounce it, rather than “v” or “versus”, e.g. the case “Smith v Jones” would be. pronounced “Smith and Jones”

What are the six elements of a legal brief?

Title and Citation. The title of the case shows who is opposing whom. ... Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case. ... Issues. ... Decisions. ... Reasoning. ... Separate Opinions. ... Analysis. ... A cautionary note.

How do you speak in court?

Do'sDO speak calmly and clearly.DO use the proper forms of address.DO be polite.DO stand when you address the court.DO make eye contact with the judge when you are speaking.DO ask for clarification if you are unclear about something.DO thank the judge for listening.DO arrive early to court.More items...•

What should you not say in court?

Things You Should Not Say in CourtDo Not Memorize What You Will Say. ... Do Not Talk About the Case. ... Do Not Become Angry. ... Do Not Exaggerate. ... Avoid Statements That Cannot Be Amended. ... Do Not Volunteer Information. ... Do Not Talk About Your Testimony.

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

What are the 4 steps in legal reasoning?

Steps in Legal Reasoning 1) Issue - What specifically is being debated? 2) Rule - What legal rule governs this issue? 3) Facts - What are the facts relevant to this Rule? 4) Analysis - Apply the rule to the facts.

How do lawyers introduce their case?

A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.” If they have already been introduced, some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.

How do you brief a case example?

Steps to briefing a caseSelect a useful case brief format. ... Use the right caption when naming the brief. ... Identify the case facts. ... Outline the procedural history. ... State the issues in question. ... State the holding in your words. ... Describe the court's rationale for each holding. ... Explain the final disposition.More items...

How do you structure a legal argument?

Philosophers and logicians would say that the basic form of legal argument is a syllogism: a simple three-step argument involving a major premise (a general principle or rule), a minor premise (a claim about a particular case or scenario) and then a conclusion (an application of the general rule to the particular case) ...

How do you write a legal case analysis?

Step 1: Read the case thoroughly. ... Step 2: Outline the case's procedural history. ... Step 3: Identify the relevant facts. ... Step 4: Present the issue as a yes/no question. ... Step 5: Provide the court's answer to the question. ... Step 6: Emphasis on the facts that the court found most important.

What is an analogous case?

In a legal argument, an analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point. Reasoning by analogy involves referring to a case that concerns unrelated subject matter but is governed by the same general principles and applying those principles to the case at hand.

What are the different types of legal reasoning?

The four pillars of legal reasoning are "Legal Process Logic", "Justice", "Experience" and "Policies". Legal process logic lays on the principle of consistency and equal application of law.

Put the Facts Through Focus Groups

Our law firm believes in the power of a collective approach. We put multiple brilliant minds to work on each case. We also believe in being ready for anything. Before we take a case to trial, it goes through 14 to 15 different focus groups to prepare it for all possible case developments. Each group serves a different purpose.

Work With Witnesses

Next, we spend up to three days working closely with the people who will act as witnesses during the case. A witness is someone who will speak on the plaintiff’s behalf, such as a person who saw the accident, a loved one with insider knowledge about the injury or a subject-matter expert.

Create and Gather Materials for a Trial

Illustrating our client’s side of the story to a judge or jury is the crux of each personal injury claim. We take pride in being master storytellers. The attorneys at Claggett & Sykes Law Firm know how to establish and exhibit the severity of a client’s injuries.

Work With Four More Focus Groups

At this stage, we will put the case in front of four additional focus groups to test our jury selection and opening statement processes. These focus groups will listen to our presentations and provide feedback on what we could change and do better for a stronger claim. Our goal is to make sure each action we perform on behalf of clients works.

DUTY

DUTY Establish the basis of the duty or obligation that the other party owed you. Typically, this is either a statute or a contract or the "common law." Examples are: (1) I had a verbal contract with my neighbor to paint his house for $500. (2) I found a statute that says my boss cannot blacklist me with other potential employers.

BREACH

BREACH If there is a duty or obligation that the other party breached, present it quickly without telling all of the ways in which this makes you angry. Example: (1) My neighbor refused to pay the agreed price after I painted his house.

CAUSATION

CAUSATION You must then explain how this directly led to your legal complaint. Usually, this means you believe nothing else contributed to the issue. Example: (1) The paint job is beautiful and there is no excuse for my neighbor to not pay.

DAMAGES

Check out any legal bases for your claim in addition to what your instinct tells you. For example, go to the legislative website to see if there is a statute that also relates. http://www.leg.wa.gov, "search" and hit the "document" button, then "RCW" for Washington statutes.

How do lawyers win a new case?

Lawyers try to win a new case by demonstrating that its facts are substantially similar to the facts in an old case, and thus the new case should be decided the same way as the old case was.

How to be a lawyer?

1. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives. Putting yourself in others’ shoes allows you to understand other points of view.

How to think like a lawyer?

To think like a lawyer, try to approach a problem from several different perspectives to gain new insight into the issue. However, avoid becoming emotionally involved in any one point of view, since it can lead to irrational thoughts that don’t support the facts. For example, look at a given issue and attempt to argue both sides using logic and the facts you have available to you. Finally, don’t make assumptions about anything without facts to back it up, or take things for granted without asking, “Why?” For tips from our Legal reviewer on how to use syllogisms and deductive reasoning to argue your point, read on.

Why does the girl sue the store?

The girl sues the store for her injuries and wins because the judge rules the store owner was negligent in not sweeping the floor. Thinking like a lawyer means identifying which of the facts were important to the judge in deciding the case.

Why do lawyers refer to the policy behind a law?

Lawyers refer to why a law was made as its ‘‘policy.’’. The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.

What movie did a professor say to think like a lawyer?

Law professors and practicing attorneys can’t talk about “thinking like a lawyer” without bringing up the 1973 film “The Paper Chase .” In the film, Professor Kingsfield tells his first-year law students: “You come in here with a head full of mush and you leave thinking like a lawyer.” Although law professors remain fond of telling students they’re going to teach them how to think like a lawyer, you don’t have to attend law school to enhance your own logic and critical thinking skills.

Why do lawyers need judgment?

Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesn’t mean that argument is good. Judgment is necessary to determine whether a given line of reasoning or conclusion is in anyone’s best interests or advances society as a whole, or if it’s destructive and dangerous.

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

What to ask a lawyer before a consultation?

When you have your lawyer consultation, one of your primary questions will be about the attorney’s background. Some people feel intimidated asking about this, but the truth is you are going to pay a lot of money for services. You wouldn’t hire an electrician who had never done wiring, so it is wise to ask questions about the attorney’s experience. You can find out basics on the firm’s web site before the appointment, which will save you time. You may want to ask how many of this type of case the attorney has handled. For example, how many divorces has this lawyer done in the past year? A lawyer who has done one or two is not very experienced. You may wish to ask how long the attorney has been practicing law and how long he or she has practiced in your county or area, which will give you an idea how familiar the lawyer is with local judges and procedures. It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.

How to get an attorney consultation?

Before you can have an attorney consultation, you need to find a lawyer who might be a good fit. Look for an attorney who focuses his or her practice on your type of legal question, or someone who lists this as a type of law they regularly practice. Your local bar association may have a referral program. If you have used an attorney in the past for something else, ask him or her for a referral. It is also helpful to ask family and friends for names.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

How long does it take to write a will?

Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?

What to know before meeting with a lawyer?

Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.

What do lawyers want to see?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Obviously, the nature of the evidence will vary dramatically from one type of case to another. As you prepare to meet with your lawyer, try ...

What are the goals of a lawyer?

Typical goals might include: review and provide comments on a contract or legal document. draft a will.

What to include in a dispute narrative?

Some important details to include in that narrative include: names of the key players in your dispute. date the dispute or problem began. type of the dispute (harassment, contract, divorce) key events of your dispute, including a "who, what, where, when and why" narrative, and. current status of your dispute.

How to respond to a legal complaint?

respond to a legal complaint, lawsuit, or threatening letter. research whether you have a meritorious legal claim against another person or entity. draft a legal complaint or demand letter to another person or entity, or. negotiate a lease, contract, or other agreement.

What documents are used to dispute a contract?

contracts (such as employment agreements , leases, promissory notes, and the like) financial documents (for example, if you'll be drafting a will or starting a company) correspondence (letters, emails, or text messages between you and the other party or otherwise relevant to your dispute)

Why is it important to prepare for a first consultation?

In short, preparation for your first consultation meeting is critical. Strong preparation will save time and money. It will also ensure that all of your questions are answered, and that your attorney has all the information needed in order to effectively represent you.

What is a case brief?

The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Why do we annotate cases?

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments. In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier.

What facts should be included in a brief?

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What is the holding in a case?

In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law.

When describing the Judgment of the case, what is the difference between the holding and the judgment?

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party , such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Who will read your brief?

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

Why should a brief be short?

On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

How to serve a lawsuit?

After doing so, the “process server” will complete and file a document with the court that affirms that the service took place .

What to do if your case doesn't resolve?

Most courts will require you to attempt to come to a resolution before hearing the matter. If the action doesn’t resolve, you’ll present your case to the court.

How far in advance do you serve a defendant?

You must give the defendant enough time to prepare for the trial. How far in advance of the trial you must serve the defendant will depend on the laws of your state.

How to achieve confidence?

So how do you achieve the necessary confidence? Preparation is essential. Try to anticipate accusations or defenses that the other side will present and prepare your response so that you can avoid lashing out angrily and weakening your side . Presenting a straightforward argument while maintaining a confident, respectful composure will not only impress the judge but will give you the best chance to prevail.

What are the types of small claims?

Other types of cases that you might bring in small claims include a personal injury case (someone physically harmed you), a property damage case, or a different kind of contract case (perhaps against a contractor who failed to perform work correctly). In most situations, you’ll want to prove that the person you’re suing failed to do something that they were supposed to do and that you lost money (were damaged) as a result.

What to do when you arrive at the courtroom?

The Day of Trial. When you arrive at the courtroom, you’ll want to check the court’s docket —the listing of the day’s cases—to find where your matter falls (the court usually sets multiple suits at the same time). You’ll wait in the audience until the bailiff or court clerk gives instructions.

What evidence do you need to prove a cancelled trip?

For instance, in the canceled trip scenario above, you’d need to establish the existence of a contract. A signed contract would be the best evidence, but a copy of a flyer that you responded to might work, as well. Additionally, you’d have to show that you paid for the trip, and in that regard, a receipt or canceled check should do the trick.

How to prepare for a trial?

Be alert and try to read what the judge is really asking before deciding whether an argument or question is really necessary. Learning from trial textbooks is critical to preparing for trial, but be practical in your approach and be prepared for the unexpected. Ask for help from those who have been through a trial.

What to do when you are in trial?

If you wait until you are in trial, your closing argument will look unprepared and patched together. Plan ahead for a smooth and seamless closing. Watch and listen. Watch the jurors’ and judge’s facial expressions during trial and listen to the message being sent by judge and jury.

How to prepare a closing argument for a trial?

Prepare closing argument ahead of time. Your closing argument should cite the evidence and law that supports your theme and the merits of your case. Do not wait until trial begins to prepare your closing argument. Prepare an outline before trial begins that cites exhibits and testimony you expect will be admitted at trial, and modify your closing during trial as the evidence evolves. If you wait until you are in trial, your closing argument will look unprepared and patched together. Plan ahead for a smooth and seamless closing.

How to prepare jury instructions?

It takes significant time and strategy to prepare jury instructions (or proposed findings of fact and conclusions of law in non-jury cases). Become a master of the law and prepare jury instructions well in advance of trial and use them as your guide as to what you must prove at trial. Prepare witness outlines, not questions.

Do you have to prepare questions for a witness?

Prepare witness outlines, not questions. Experienced lawyers prepare outlines of areas of questions for witnesses rather than a series of prepared questions. Remember, you are telling a story, which is most effectively presented through a conversation with your witness. Reading exact questions prevents you from presenting a fluid question and answer session with your witness. Of course, there are certain questions on direct that you must ask precisely to establish a fact, or to set up impeachment questions on cross-examination, but those are the exceptions and not the rule.