If a case involving paralysis does not settle shortly after the depositions, get ready for trial. You and your client must meet in advance to prepare. All lawyers prepare their witnesses. This is especially true in paralysis cases since the damages are so large. At the meeting, you and your client will run through the possible questions and answers. You will want to hear how your client will answer these questions so that you will know which to ask and which to avoid. The prep session helps to refresh your client’s memory and suggests additional areas of inquiry that were not originally considered.
You also need to know which questions to expect from opposing counsel. Good lawyers prepare exhaustively in hopes of accurately forecasting these questions. The fewer surprises the better. Witnesses testify more compellingly when they are confident that the other lawyer will be unable to surprise them with unexpected questions. Preparation helps to ensure this confidence. You must be willing to put enough time into your preparation to ensure that your clients receive the representation they deserve.
Some clients think it is unnecessary to prepare for the trial of a case involving paralysis. They resist taking the time and insist that everything will work out if they simply tell the truth. Although having the truth on your side is critical, it is not enough to ensure success at trial. Careful preparation helps your client (or any other witness) relax so they can offer testimony in an organized, thoughtful, and convincing way. This helps the jury understand the testimony, relate to it and your client in a positive way, recall the testimony accurately during deliberations, and most importantly, be motivated to return a large verdict.
The substance of your preparation session with the client is privileged. The defense lawyer is not permitted to inquire about it during cross examination. All communications between lawyer and client are confidential and private, unless the client waives that privilege. The most common form of waiver is when a third party is present during lawyer-client communications. That is why it may be unwise for clients to bring a friend or family member to your meeting.
