Trial Preparation

If the client is indicted (either before or after we are hired), we get ready for trial. At the same time, if the client thinks there is any possibility of a plea bargain, we keep the lines of communication with the government open on the possibility of a plea. We anticipate the problems that might arise in each phase of trial, and find ways to avoid or overcome them. At this point we polish our opening statement and closing argument, and consider the issues we will want to discuss with potential jurors in voir dire. We organize our file by witness, so that when the prosecution presents a witness we have all of the papers related to that witness in one folder for cross-examination. We also make sure that any witnesses who will testify in our client's favor will be available at trial, either by agreement or (more often) by subpoena. We prepare important witnesses (including our client, if there is any chance that he will testify) for both direct examination (questioning by us) and cross-examination (questioning by the prosecutor).

This is also the stage at which we file any motions asking the judge to do things like order discovery or suppress evidence.