Advice to Attorneys
1. Decide what your vision of the case is. You will need to keep that vision in your mind all the time and drum it into the jurors' minds. Everything you do, whether it is your opening statements, your questioning of witnesses or your closing statements should be directed towards proving to the jurors that your vision is the correct one. Don't ever lose sight of that purpose.
2. Information: Read the background information several times and all your defendants' information. You will need to know this info. backwards and forwards. When you hear testimony, you will need to know instantly if it contradicts anything else. Read the advice in the handout "How to be an effective…" They have great hints. Use them.
3. Opening and Closing Statements
A. Your opening statement should give a concise summary of your version of the case and what you intend to prove in the case. The events will be confusing to the jurors and it is your job to clarify it for them.
B. Your closing statement should summarize the points that you tried to address in the trial and which witnesses' testimony supported those points.
C. If there was testimony that was damaging to your case, don't ignore it in your closing statement. The other side won't. Deal with it. Give it the twist that will help your case.
D. Be flexible with the closing statement. It may change as the case develops.
E. Be prepared. Practice your statement so that you can speak with only a few notes. Don't read it but don't hem and haw your way through it. Give it to someone else (parents, friends, partner) and ask for comments. At all times, your passion and confidence may sway the jury.
F. Define your terms. Don't throw words around like "assault" and "torture" unless you mean them. Don't let the other side use emotionally laden words that will be harmful to your case. Object if you must.
4. Witnesses
A. Make sure your witnesses are prepared for the questions you'll be asking them and what you're using their testimony to prove. If your witnesses are experts, such as doctors, be sure that they know what all the terms in their testimony mean.
B. Both your witnesses and the opposing side's witnesses have biases that affect their testimony. Don't forget to bring this out in your questioning. It may be particularly important in your cross-examination. When you call a witness, have them identify themselves and their background for the jury. When cross-examining a witness, be sure that you bring out their prejudices and shown how that might color their memories and testimony. For example, a Union prisoner may well hate the defendant. And a Confederate witness may be sympathetic to the defendant.
C. Try to figure out what the opposing side will be trying to prove in their case. Be ready for them and prepare your witnesses for what they might be asked in cross-examination.
D. Instruct your witnesses to answer as briefly as possible so that they don't get themselves in trouble with saying too much.
E. Call your witnesses to the stand in a logical order. If there is a certain scene that you want the jury to understand, call all the witnesses who were there and can address that moment.
F. Listen very carefully to the opposing side's witnesses. Be prepared to object if something is asked that is inappropriate. Be very familiar with the basis for an objection. For example, a witness can not express an opinion or state a conclusion about why something happened. Don't let the other side get away with asking questions they shouldn't be able to ask. It doesn't hurt to object, even if overrules your objection. You may even distract the other side from the point they were trying to make.
G. Watch out for witnesses who are testifying to something that they did not witness personally. You should be able to cast doubt anytime a witness says, "I heard…"
H. Make sure that you and your witnesses know what was happening in the War in the time period that they are testifying to. Much of the testimony concerns the summer of 1864; what was happening in the war then?
I. Ask all your witnesses for their phone numbers. If you don't get time in class to talk with them, call them and do it over the phone. Don’t let an unprepared witness get on the witness stand. Both of you will regret it.
5. Working as a team.
A. Get each other's phone number and e-mail address.
B. Split up the witnesses.
C. Divide up the opening and closing statement. They are both extremely important.
D. Get together before as a team before the scheduled preparation time in class to decide your strategy. Don't waste time that I give you in class.
6. Exhibits - You may use the material I have given you and any primary source that you find. Feel free to research Andersonville. I have posted several links on my webpage under the Civil War. There have been several good books written about it. If you find something that you want to introduce into the trial, come and talk to me about it. We may find a way to give the information to one of your witnesses.
7. Behavior during the trial
A. Dress nicely
B. Don't insult the other side.
C. Stay away from the jurors. Don't try to pressure them or try to strike deals outside the class. If I hear of this behavior, you will be removed from the case.
D. A lawyer with integrity is not an oxymoron. Prove it by your behavior.