The Paralegal's Role at Trial

By Stephanie Meharg, CP

As a litigation paralegal there’s nothing quite as exciting as preparing a case to go to trial.  This is it, “The Show” the culmination of your many months (or even years) of hard work. The paralegal role at trial is pretty simple, make sure everything goes smoothly, so you and your attorney(s) look efficent, prepared, and confident in front of the client,  judge, jury, and the other side.

Organizing exhibits and other documents:

The first question you should ask yourself when organizing documents and information for use at trial is “Is it easy for me, or someone else, to find documents and information  quickly, and under pressure?”  And the second question is “Have I prepared for the worst case scenario?”  Good organization and communication with your attorneys ahead of time will save you a great deal of stress and help keep things running smoothly.  It is a good idea to have extra copies of all party’s exhibits, at least one set for counsel table, and one for the warroom at the office. You will also need copies of your exhibits for the judge, jury, witness.   Check with your attorney ahead of time regarding the best way to organize the exhibits (folders, binders, or both).  Keep a set of exhibits close to you at trial, in case your attorney needs something quickly.

You may be working with a court room technology specialist, or you may be running the tech yourself.  If so, you will also have electronic copies of exhibits, demonstratives, and deposition designations.  Technology is great, but you should always have a back up computer with the exhibits, depositions, and designations loaded, AND back up hard copies. 

Technology in the courtroom:

It is best if tech is set up before the trial.  If possible you or your trial tech specialist should call the judge’s clerk or deputy the week before and make an appointment to set up the afternoon before trial.  Even if you are not running the technology yourself, you should try to go to the set up. This is a good time to scope out the courtroom, the clerk’s office, introduce yourself to the judge’s clerk or staff, and if you haven’t already, note the layout of the courtroom.  Will the  jury, judge, and witness be able to see the screen and/or easle from where they are sitting?  How many boxes can you reasonable fit in on your side of the gallery?  Will you be able to get in and out of your spot quickly and quitely to find documents.  If your attorney has not yet seen the courtroom, you may want to do a quick sketch of the layout. 

Many courts and judges require advanced notice of technology, including cell phones, in the courtroom.  This will often require a signed order, or a letter from the judge to get through security.  Check with the judge’s clerk and/or courtroom security to find out what you will need.  Don’t count on being able to bring in your cell phone.  Many times, attorneys can have cell phones, but non-attorneys cannot.  Think ahead of time about how you will get in touch with the office, witnesses, etc. if you are in the courtroom.  You may be able to get your phone on the approved technology list, or use an attorney’s phone.

Jury Research and Selection:

Whether  you are working with a jury consultant or not,  you may be assisting in researching potential jurors.  An excell spreadsheet and some sort of ranking system can also be useful. 

For jury selection,  have several copies of a box chart, even if your attorney, or jury consultant, is using a jury selection program or app.  You can create your own, or use an online template.

Remember that jurors notice everything during trial.  Master your poker face, and always appear professional and calm in front of the jury. 

Paralegal Notebook:

Create a paralegal notebook to keep with you during trial.  It should contain each party’s exhibit lists and witness lists, witness subpoenas and contact information, contact information for the court reporter, and any vendors that you are using for demonstratives, or copies.  You should also have the cell phone numbers for all of the members of the legal team handy.

Keeping track of admitted exhibits: 

The attorneys will be focused on the legal arguments, and may forget to move an exhibit for admission.  You can help keep track of admitted exhibits by checking them off the exhibit list or looking through the daily draft transcripts from the court reporter if you’ve ordered them.  You should note any unadmitted exhibits and let your attorney(s) know before the close of your case.  Preferably, at the end of each day.

Hub of the wheel:

The paralegal is often the hub of the wheel at trial.  Good communication with your attorneys and other staff will help you keep up with who is doing what and anticipate needs and problems before they arise. 

Supplies:

Pack a “trial kit” loaded with office supplies, notepads, extra pens, hard candy, cough drops, vitamin c, and anything else your team may need.  Keep it stocked, and make sure everyone on the team knows where the supply box is.

Stay healthy, sane, and hydrated:

The days and nights before and during trial are long and busy.  Eat well, get as much rest as you can, and make sure things at home will be managed while your attention is elsewhere.  Keep healthy snacks in the office warroom.  Have a case (or more) of bottled water at court – note that some courts have restrictions, so you may need to ask ahead of time.