Who’s in your hot-seat?
When is the last time you were in trial? Was that in the Federal Court,
Superior Court, or an Alternative Dispute Resolution (ADR) provider, such as JAMS or AAA?
If you are preparing for trial now, do you have someone on your trial team who
is familiar not only with the latest in trial presentation and technology, but
with your actual trial venue? Similar to associating Local Counsel to assist in
distant venues, this can literally be the key to a smooth and successful
presentation – or a failure.
As mentioned in our last article, it won’t look good if you cannot hook up to the Court’s presentation
system, or if you’re always the one delaying the trial because of some
technical difficulties. “I’m just a poor old country lawyer who doesn’t get all
of this technology stuff” might have been cute 20 years ago, but not now. Have
you looked at the average age of your jury lately? Not to mention, it would be
a disservice to your client.
In many cases, we recommend booking your “hot-seat” provider
at least 6-8 weeks out from trial, as the “good ones” are very busy, and you
could risk settling for plan B, or worse. Beginning trial prep at an even earlier
stage can help you get everything ready and organized in a manner that can
easily be incorporated into mock trials, mediation, and trial. Firms that
handle large and complex cases often begin setting things up properly for trial
from the outset.
You should consider working with a local provider who is
familiar with the local courthouse, has local connections and resources, and can
also save on travel costs. With requisite skills being equal, having actual
local court experience can be extremely helpful. A New York trial presentation firm would
be great for a New York trial, but a Los Angeles firm would be best in their
local courts.
That’s not to say a good Trial Tech can’t do a good job
anywhere in the country, however. If you brought them in early and have already
been working together with them for some time, it probably makes sense to take
them along with you. If not, you may want to find someone local, as in most areas
these days, there are decent providers available. The decision of who is in
your trial hot-seat will likely be affected by when you bring them into the
case.
Here is a helpful checklist of Ten Questions to Ask Your “Hot Seat” Provider.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.