They say trials are won in the preparation, not the courtroom. After 45 years and almost 200 trials, I can tell you that’s mostly true, but mostly isn’t good enough when your client’s livelihood, reputation, or recovery is on the line. The 72 hours before a trial begins are a distinct battlefield of their own, and knowing how to use that window can make the difference between a verdict you celebrate and one you spend years analyzing.
Here’s what I focus on in the final stretch before the first juror is seated.
Lock In Your Story — Then Stop Changing It
One of the most common mistakes I see lawyers make in the days before trial is continuing to tinker with their theory of the case. By the time you’re 72 hours out, your trial story should be fixed. Your opening statement isn’t a legal brief — it’s a narrative your jurors need to be able to follow, retell, and believe. Late edits introduce hesitation. Jurors read hesitation as doubt, and doubt is fatal.
Sit down, record yourself delivering your opening, and listen back. Does the story hang together? Can a reasonable person who knows nothing about civil procedure grasp what happened and why it matters? If the answer is no, you have a clarity problem, not a facts problem. Solve the clarity problem.
Anticipate the Other Side’s Best Moves
Your opposing counsel has been preparing just as hard as you have. In the final 72 hours, I spend time running what I call an “adverse opening.” I write out the strongest possible opening statement the other side can deliver. What facts do they have that hurt me? What emotional narrative might they use? How will they plant doubt in the jury’s mind?
This isn’t pessimism, it’s inoculation. If you confront your weakest points before trial begins, you can address them head-on in your opening rather than letting opposing counsel define them for you. Jurors arrive skeptical of both sides. Get ahead of the bad facts before the defense does.
Witness Prep Is Not Optional, Even for Your Strongest Witnesses
Confident witnesses also make mistakes, often bigger ones, because overconfidence leads to volunteering information or sparring with opposing counsel. In the final days before trial, I run every key witness through cross-examination. I don’t pull punches. I ask questions the other side is going to ask. This lets the witness feel the pressure of answering on the record.
A witness who has been cross-examined once under controlled conditions is far steadier on the stand than one who hasn’t. This is non-negotiable for me. Forty-five years of jury trials taught me that the case often turns on a single witness moment. Preparation is the way to make that moment work in your favor.
The Night Before: Simplify, Don’t Add
The night before trial, resist every instinct to add more. Don’t add exhibits. Don’t add witnesses. Don’t rewrite your opening. Instead, reduce. Cut your opening to its cleanest, most essential version. Confirm your exhibit list with your paralegal. Review the judge’s standing orders one final time.
Then get some sleep. A rested mind reading a jury is worth more than a sleep-deprived mind clutching a perfect outline.
If you’re facing a trial date and feel like you’re running out of time to get it right, call me. This is exactly what I do — and I’ve been doing it for nearly five decades.
Call (714) 673-6500 or visit juryattorney.com/contact-us/ to schedule a consultation.
