How to Protect Yourself from Malpractice at Trial While Protecting Your Clients on Appeal

The trial brief is a document that helps lawyers prepare for trial by listing important factors they need to consider. It helps them focus on their case early on and keeps them organized throughout the legal process. Using a trial brief makes lawyers more confident in court and helps them analyze their case and their opponent’s case. It also helps them recommend settling the case before trial. A trial brief is really important for a case because it helps all lawyers working on the case stay on the same page. It’s even better when they all share the same database, so they can all access the latest version of the trial brief at any time. The brief should include the facts of the case, which should be updated as new information comes to light. It’s a good idea to share the brief with the client too, so everyone is on the same page. This is a summary of all the important legal stuff in a case. It includes the main arguments and defenses, the laws that apply, and the key facts that need to be proven. It also outlines what each side thinks and what evidence they have. It’s a way to stay focused on what really matters in the case. The order in which witnesses are called in a trial can change as the trial strategy is determined. It’s important to have a trial brief to make sure all critical evidence is included in the record. A lawyer with 26 years of experience in civil litigation and appeals, including practicing in the highest appellate court in New Zealand, explains that it’s crucial to have a strong trial brief to avoid issues on appeal. This column is submitted on behalf of the Trial Lawyers Section, with the goal of promoting duty and service to the public, improving the administration of justice, and advancing the science of jurisprudence.

Source: https://www.floridabar.org/the-florida-bar-journal/how-to-protect-yourself-from-malpractice-at-trial-while-protecting-your-clients-on-appeal/