7 Common Pitfalls Attorneys Can Avoid During Trial

In the high-stakes arena of legal proceedings, even the most seasoned lawyers may encounter challenges that can influence the outcome of their cases. Trial consultants serve as invaluable partners in supporting attorneys to navigate these challenges and enhance their trial strategies.

Below, we outline some prevalent pitfalls lawyers may face and highlight the ways in which trial consultants offer essential assistance:

1. Inadequate Preparation

Mistake: One of the most critical blunders an attorney can make is insufficient preparation for trial. This includes not having a firm grasp of case facts, evidence, or witnesses, and most commonly, not allowing enough time to fully prepare for trial.

Trial Consultant's Role: At OPVEON, our trial consultants engage in comprehensive case analysis, collaborate on witness preparation, identify case strengths and weaknesses, and conduct jury research. Partnering with a trial consultant from our team ensures attorneys approach their case with confidence and assurance.

2. Ineffective Communication

Mistake: Another common misstep attorneys make during trial is relying too heavily on legal jargon and technical language, which may confuse jurors, hindering a clear understanding of the attorney's argument.

Trial Consultant's Role: At OPVEON, we focus on crafting compelling narratives that are easily understood by jurors and the Court. Our consultants provide valuable feedback on an attorney's presentation style and demeanor to enhance and improve communication.

3. Ignoring Jury Psychology

Mistake: Some attorneys overlook the psychological factors that shape jurors' decisions, such as biases and preconceptions. Failing to do so, could have an impact of the final composition of the jury panel.

Trial Consultant's Role: OPVEON offers a wide range of jury research services to pinpoint potential biases. We work closely with clients to develop a succinct set of Voir Dire questions that will elicit the most important information from jurors. We utilize our research and the feedback received from jurors during Voir Dire to ensure that jurors least favorable to the case are stricken from the panel.

4. Information Overload

Mistake: Presenting too much information at once can overwhelm jurors and lead to information fatigue.

Trial Consultant's Role: Our trial consultants review your presentation to see what can be cut, what can be reworked, and what can be simplified. In the end, you are left with a presentation that distills the complex information of your case into a concise argument that is clear to the judge and jury.

5. Inadequate Witness Preparation

Mistake: Failing to adequately prepare witnesses can lead to inconsistencies, nervousness, and damage to credibility which can make or break your case.

Trial Consultant's Role: Our consultants assist with witness preparation by conducting mock examinations, offering feedback, and helping witnesses become comfortable with the trial environment.

6. Neglecting Visual Aids

Mistake: Overlooking the use of visual aids can hinder juror understanding of key evidence and arguments. By neglecting visual aids, you are not giving jurors the tools to fully grasp key evidence or arguments.

Trial Consultant's Role: Our team is well-versed in creating persuasive visual aids, such as opening and closing decks, witness presentations, evidence photography, and day-in-the-life videos.

7. Inadequate Adaptation to Changing Circumstances

Mistake: Failing to adapt to unexpected developments or shifts in the trial can be problematic for the case outcome.

Trial Consultant's Role: OPVEON's trial consultants help attorneys anticipate potential issues, develop contingency plans, and offer real-time feedback during the trial to adjust strategies on the fly.

In conclusion, Trial Consultants play a pivotal role in helping attorneys avoid common pitfalls encountered prior to and during trial and help to enhance a case’s chance of a favorable outcome. Partnering with experts, like the experienced consultants at OPVEON, on topics such as case strategy, witness preparation, communication techniques, and juror psychology can have a significant impact on the outcome of your case.