In Philadelphia, and perhaps in your town, jury trials of serious injuries, like paralysis injuries, either go into a trial pool or are given a date certain. A date certain is just what it sounds like. The court advises the attorneys that trial will begin on a certain date. This is very helpful, since the attorneys and witnesses can mark the trial on their calendars.
During the trial pool month, you may be on “next day notice.” If the paralysis injury case is not reached during the trial pool month, you go into the pool for the next month, until you receive the call to appear in court. One day, the phone will ring. It’s your notice to appear in court the next morning with your client and all your evidence. If you prepared your client for trial weeks or months before, you will probably need another prep session—just to make sure your client is ready. It is hard to tread water for more than a few minutes. In the seemingly endless trial pool, it is harder still.
Jury trials of paralysis injury cases can be incredibly intensive, exhausting affairs. The lawyer is required to gather evidence, schedule the witnesses, prepare direct and cross examination, etc., etc., while dealing with the day-to-day issues involved in other cases. It is challenging. Doing this without knowing when it all has to come together adds a big layer of complexity. The courts use trial pools for their convenience. They want to minimize down time for judges so that court dockets do not get backlogged. There is little regard for the complications it introduces into a trial lawyer’s practice and a client’s life.
