The morning before trial starts, most attorneys are caffeinated and panicked. After 45 years and almost 200 jury trials, I can tell you: the ones who win aren’t the ones who stayed up latest, they’re the ones who know exactly what to do in those final hours.
Here’s what I’ve learned about making the most of the time you have left.
Stop Preparing Everything. Prepare What Matters.
One of the most common mistakes I see lawyers make in the days before trial is trying to anticipate every contingency. You can’t. What you can do is lock in your three or four most powerful themes, the ones that will still be ringing in jurors’ ears during deliberations, and make sure every witness, exhibit, and argument is in service of those themes.
With 24 to 48 hours left, your case should already be organized. If it isn’t, that’s a sign the themes weren’t clear to begin with. Cut anything that doesn’t reinforce your core narrative. Simplicity is persuasion.
Revisit Your Opening. Out Loud.
Most attorneys write their opening statement and then review it silently. That’s a mistake. Juries do not read, they listen. Stand up in your living room, your office, your hotel room, and recite your opening aloud. Listen for the parts that don’t land. Shorten the windup. Get to the story faster.
The first two minutes of your opening will set the frame for everything that follows. If you’re fumbling with your language in those two minutes because you’ve only rehearsed in your head, you’re already behind.
Check Your Exhibits. Then Check Them Again.
I’ve seen trials derailed because a document in the exhibit binder didn’t match the version that had been disclosed in discovery. I’ve seen timelines with the wrong year. I’ve seen demonstratives that referred to a witness by the wrong name.
The night before trial, go through every exhibit you intend to use. Confirm it matches the disclosed version. Confirm your exhibit list is accurate. Confirm your foundation witnesses know which exhibits they will be sponsoring. This is not glamorous work. It wins cases.
Know Your First Three Witnesses Cold
You may not control opposing counsel’s strategy, but you control your case-in-chief. Know your first three witnesses, their testimony, their vulnerabilities on cross, and the exhibits they’ll sponsor, as well as you know your own phone number. The first day of testimony sets the jury’s impression of your entire case. Don’t improvise it.
Settle Your Nerves the Right Way
I’ve heard a lot of advice over the years about managing pre-trial anxiety. Here’s mine: the anxiety means you care, and caring is what makes you a good advocate. Channel it. Run through your voir dire questions. Review your jury selection criteria. Remember that your client needs you sharp, not calm.
I have come to believe that the difference between winning and losing often comes down to what happens in the last 48 hours before trial. Preparation isn’t about doing more, it is about knowing what to do and doing it with discipline.
If you’re facing trial and need an experienced federal civil trial attorney in Orange County, call the Law Offices of Steven R. Young at (714) 673-6500 or visit juryattorney.com/contact-us/ to discuss your case.
Steven R. Young is a board-certified federal civil trial specialist approaching 46 years of experience and almost 200 jury trials. He represents clients in California state and federal courts.
