NCJ Number
108239
Journal
American Journal of Trial Advocacy Volume: 10 Dated: special issue (1987) Pages: 1-14
Date Published
1987
Length
14 pages
Annotation
This analytical approach to attorney trial preparation consists of organizing facts, identifying legal issues and theories, identifying factual issues and theories, identifying and classifying potential witnesses, integrating data, and preparing examinations.
Abstract
Organizing facts involves abstracting the contents of every document and prior statements of all potential witnesses and indexing the abstracts for quick reference. Counsel must then identify every legal issue and theory relevant to the case, followed by a determination of factual issues and theories and their relationship to applicable law. After identifying all potential witnesses, the potential testimony of every witness must be outlined, including factual objectives, information sources, potential problems, and overall assessments. The integration of the material into a composite picture provides the opportunity to refine and modify case strategies. A chart can facilitate case reevaluation. The preparation of witness examinations involves formulating and ordering questions for each witness and the preparation of aids for remembering the content and ordering of questions. The steps are illustrated with a hypothetical case. 26 footnotes.