The American legal system is complicated. It is often criticized for overcriminalization in certain cases.
Because of this, skilled trial lawyers are incredibly valuable. Trial lawyers use their experience to fight for their clients. They also use legal principles and standards to prove their client’s innocence.
Trial lawyers argue their cases in courtrooms, using legal expertise and courtroom procedures to achieve justice.
Furthermore, a trial lawyer will always try to present evidence in the best way. This allows them to secure more positive outcomes. They represent plaintiffs and defendants and take on everything from civil lawsuits to criminal cases. For both, trial lawyers must build strong legal cases and create indisputable arguments to win.
This is how they do it.
Dissecting a Client’s Case
A trial lawyer starts the case-building process by meeting with their client. They get all the information they need, including the client’s statement and their supporting documents.
As the lawyer talks with their client, it will become clear whether there are important witnesses to contact. The lawyer will also consider Florida and federal laws, which may impact their legal strategy.
In Florida, trial lawyers must argue cases according to specific statutes. Personal injury cases fall under Florida Statutes Chapter 768. Criminal case procedures are outlined in Florida Rules of Criminal Procedure.
Conducting an Investigation
Trial lawyers cannot win a case without compelling evidence. They typically work closely with forensic experts and investigators to collect this evidence.
Depending on the type of case they are arguing, lawyers collect photos, police reports, witness statements, affidavits, and medical records.
They conduct legal research to find precedents supporting the client’s case. If these precedents were in other client’s favor, there is a better chance of winning.
In some instances, a trial lawyer would have to get expert witnesses’ testimony about a case’s technical aspects. This typically means conversing with medical experts or those who do accident reconstruction.
Florida follows a specific standard called Daubert to guide expert witness testimony. It requires trial lawyers to prove an expert’s opinion is scientifically or factually valid.
Legal Documents and Pre-Trial Motions
A trial lawyer will ensure they have all the necessary evidence and information before drafting and filing the required documents with the court. Depending on the type of case, they may file a complaint on behalf of a plaintiff. They can file answers for defendants who want to respond to legal claims.
Trail lawyers also bring motions to dismiss or motions for summary judgment. They only do this if they believe a case can be resolved before trial. The case can only be resolved like this if the law supports a specific side.
Additionally, a trial lawyer initiates discovery requests. This means getting subpoenas for more documents, interrogations, and witness depositions.
The Discovery Process
Trial lawyers also participate in the legal discovery process. They exchange and receive evidence with the other party’s legal team. During this process, out-of-court witness testimony is recorded for trial.
The trial lawyer will request videos, documents, and other physical evidence to strengthen the client’s case. They will also write questions for the other party to answer under oath.
Florida law guides discovery, which means the court must comply with discovery rules. If it finds that the trial lawyer or other party’s lawyer did not comply with the rules, it can result in sanctions.
Negotiating Settlements
Most lawyers work to resolve legal cases before trial. A trial lawyer will actively work to secure a settlement agreement. While they do this, they must ensure the settlement offer is fair to their client.
They can negotiate with the other legal team to improve the figures or terms if it isn’t. Trial lawyers will advise their clients when to accept and reject a settlement.
Mediation or arbitration may sometimes be necessary to agree. This usually happens when the two parties cannot agree on a specific resolution.
Preparing for Trial
If there is no way to settle the case, a trial lawyer will prepare for court. They will also prepare their client on what to expect during the trial proceedings.
Trials consist of opening statements on both sides. These statements are meant to outline the case for those attending the trial. Depending on the case, evidence and exhibits may be organized for the trial. The trial lawyer will directly examine witnesses or craft cross-examination strategies for opposing witnesses.
The trial itself can take a long time, with closing arguments happening at the end to summarize the case.
Other Processes Trial Lawyers Are Involved In
Trial lawyers also participate in the voir dire process, which means they help select an impartial jury for a trial. They would typically question potential jurors to determine whether they need to be eliminated from the case.
If a juror knows one of the parties in the trial or has knowledge of the case, they may be excused. Trial lawyers use peremptory challenges to have biased jurors removed.
If a lawyer is arguing a civil case, they can only use three peremptory challenges to remove jurors. For capital felony cases, defendants get 10 peremptory challenges and the prosecution six.
What Happens After Closing Arguments?
A closing argument is a trial lawyer’s last chance to convince a judge or jury of their client’s innocence. Closing arguments means going over the key evidence and testimony again. It also means explaining why the evidence supports the client’s case.
Once all closing arguments are done, the jury will receive their instructions. They will then deliberate and come up with a verdict.
The Trial Lawyer’s Options After a Verdict
If a trial lawyer believes there was misconduct during the trial or if new evidence comes to light, they may file a motion for a new trial. This often happens if procedural errors flaw the outcome of the case. The lawyer could also prepare for an appeal if legal errors happened during the trial.
In Florida, appellate courts review trial records to establish whether errors may justify overturning a verdict.
A trial lawyer must have the required skills and expertise to win a case or appeal. Along with a deep knowledge of Florida law, these can help trial lawyers find success no matter which case they take.