It takes more than a fancy suit, a law degree and a laptop to really become a trial attorney aka A Court Room pro. In fact, it takes years of practice, patience and perseverance.
The reality of it is: law school doesn’t teach you to practice law. It barely teaches you how to apply the law; and it certainly doesn’t teach you how to conduct yourself in the court room. Even my alma mater failed to adequately prepare me for a career in the legal field (and we had a very solid roster of staff, curriculum and mock trial program!)
I learned, very quickly, that “thinking like a lawyer” is only about 10% of what lawyers actually do. In the early days there was a lot of “WTF is an Interrogatory?!” and “Sure, I know what a hammer letter is…” followed by furious typing into the google machine. Over the years I learned that the google machine was my friend — and if I wanted to avoid blank stares from my boss, to google before asking for clarification.
Pro Tip* Always use the google
Formal education will make you a living; self-education will make you a fortune.
Jim Rohn
While I didn’t love the trial by fire method at the time [and I thought my first boss was a total biotch], I’m glad I was forced to put my big girl pants on and figure it out. It made me a better attorney and advocate for my clients. I certainly stumbled through the first six months, but I also learned a thing or two!
- Wear Cute, but Comfortable Shoes;
- Pack “Noiseless” Snacks;
- Hydrate Before and After Trial;
- Pack Tylenol;
- Employ Trial Themes and Don’t Get to Hung-up on Outlines;
- Purchase a Copy of These 2 Books; and
- Be Confident.
1) Cute, But Comfortable Shoes
If you’re anything like me, you employ a Sex and the City attitude toward shoes. I’ve been obsessed since I was 14 and building my collection ever since. Once I graduated and landed a job, I went out and purchased a beautiful pair of coral Pour La Victoire pumps to wear with my posh navy suit. I felt like a million bucks. Approximately 2 hours later, my feet however, felt like I’d taken a meat tenderizer to them. I had blisters, sore toes and achy arches; but the real bummer was that I had a 12 hour day ahead of me and no other footwear options.
I’d describe my attitude by the end of the day, as hangry with a large side of road rage and a lack of the will to live.
When one door closes, a shoe box opens.
Carrie Bradshaw, Sex and the City
Uncomfortable but chic heels should be reserved for office days, or short client/court appearances. Now don’t get me wrong! I love my Manolo’s and Jimmy Choo’s — but If you’re going to spend 10-12 hours in trial, you do not want to do it in wildly uncomfortable heels.
I’ve linked my favorite court heels here. They are cute, affordable and comfy. 10/10 Court room approved.
2) Pack “Noiseless” Snacks
The first time I sat through 8 hour back-to-back depositions, I thought I’d found my own personal hell. Those seasoned old white guys DON’T EVER STOP. They don’t take bathroom breaks; snack breaks or mental breaks. I’ve witnessed on more than one occasion, senior attorneys casually waiving away the lunch break.
With time, you learn to survive on practically no food, and limited water for hours on end. I can assure you, it’s not great. HOWEVER, there are snacks and tricks to get you through in a pinch!
3 Life-Saving Tips!
- Coffee is a natural hunger suppressant.
In a pinch I will pick up a warm oat-milk latte to get me through the first part of the morning. TBH, I survived on coffee for an entire week while in trial. It’s a great fix when you don’t have time to eat but need to suppress hunger to get through a meeting, deposition or court appearance. (But please remember to drink plenty of water and non-caffeinated beverages once you’re done! Coffee is also a diuretic and the last thing you need is a bad case of dehydration.) - Pack some nuts, power bars and meal replacement shakes.
I’ve linked my favorite shake mix here. I also keep (the soft version of) Kind bars in my purse, as well as granola bars. They aren’t crunchy so they are quiet and easy to pack around. - Mints are your friend.
Nerves, coffee breath, whatever the case may be — sometimes you need a silent distraction. I’ve found that mints are a godsend. On occasion I give them to clients as a distraction and/or to help reduce heavy sighing, audible gasps or nervous smacking.
Whatever you choose to take, make sure it’s courtroom friendly (i.e. not a super noisy wrapper) and check your local court rules to ensure that you’re permitted more than water at counsel table.
3) Hydrate Before and After Trial
Hydration is key if you want to avoid headaches and fatigue. Coffee is a natural diuretic, so be sure to drink plenty of water before and after trial. Just be sure to limit water intake at least an hour before trial starts — a lot of jurisdictions don’t break more than a couple times throughout the day and the last thing you want is a full bladder during cross examination.
Since I struggle with hydration anyways, I use Liquid IV to help keep my body hydrated. I generally mix one during the day to keep my mind sharp. You can find Liquid IV at most retailers including Wal-Mart and Amazon.
4) Pack Tylenol
I cannot stress this enough, PACK HEADACHE MEDICINE. I prefer Tylenol (or the generic variation) and I carry it with me at all times. There is nothing worse than being in trial when a headache hits. As someone who suffers from stress or tension headaches, I’ve found that 9/10 times I develop a headache after about 4 hours in the courtroom and approximately 2 hours after trial starts. Throw a bottle in your purse and keep it at all times.
Pro Tip* Pack cotton balls in the top of the tube to prevent it from rattling around in your purse. Additional Pro Tip * Bitches will test ya’ patience. (Looking at you DA).
5) Employ Trial Themes and Don’t Get to Hung-up on Outlines
When prepping for witness testimony, I employ the “trial themes” method. I’ve found that this helps eliminate confusion to the Defendant/Witness etc., and keeps it clear and concise for the Jury. A trial theme is an underlying theme that the witness understands and can relate all testimony to. It’s VERY common for witnesses to get flustered on the stand. One way to avoid damaging testimony is to prep with themes.
For example, in a custody battle the theme(s) may be: 1) Best interest of the child; and 2) Safety of the child. When prepping your client, the testimony should center around these two major themes and how their actions were justified under these themes.
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Outlines Aren’t Gospel
Outlines are great in preparation; but, they aren’t gospel and they shouldn’t be treated as such! Trial is best described as a dumpster fire on wheels headed down a hill. The shit is insane. And no amount of preparation will have you fully prepared to conduct or defend a trial.
Why?
Well, one bad ruling can eliminate an entire line of questioning. A witness can go AWOL and start saying some crazy shit — Or completely freeze up and your well rehearsed line of questioning can become an exercise in pulling teeth. Because trial is full of twists and turns, and can go off the rails in an instant (hence why trial themes are important), a good litigator MUST be able to adapt to change quickly. If you’re too stuck on a trial outline, you can freeze up and miss the opportunity to flow with it.
6) Purchase These Two Books
I swear by these two books. They are a great precursor to learning trial techniques and strategies and can really help in a pinch. PLUS, they aren’t area specific which means the theories and techniques can be adapted to all areas of practice.
Winning at Trial by, D. Shane Read
Trial Techniques and Trials by, Thomas A. Mauet
7) Be Confident
Confidence is key in any situation. It’s immensely important in a trial setting. In my first trial I was tasked with arguing a prosecutorial misconduct motion on behalf of our client. It was high stakes; it was uncomfortable; and it was almost career suicide.
Hint* Prosecutors don’t like to be called out on their BS.
Prior to argument, I was called “bush-league”, a “criminal” and a slew of other unkind adjectives. However, I had a duty to argue that brief to the best of my ability and to protect my clients constitutional rights. Was it hard? Heck yes. Was it necessary? Absolutely. Did I lose? Yup.
That said, when I went up there to argue my motion, I didn’t waiver, stammer or apologize. Instead I argued my points, thanked the Court for its time and sat down. I had an ethical duty to disclose what had been brought to my attention, so I did. Be confident. Ignore the backlash and don’t ever apologize for doing your job.