Spare a moment, if you will, for your lawyer who is preparing your trial. At a recent case at the Redhill Magistrates’ Court, I was asked to represent a client at a trial for a road traffic matter. It sounds simple, doesn’t it?
The first job of preparation is understanding the prosecution case, which involves reading all the papers served by the prosecution; this will also include unused material. The prosecution papers will reveal the nature of the case, its strengths and weaknesses. The unused material will provide important background information, which in some cases will be very important.
Having understood the prosecution case, the lawyer will then turn to the defence case. After reading all the defence papers, including the correspondence, the lawyer will know what issue is being pursued at trial.
Next comes strategy. How will the prosecution case be undermined? What are the weaknesses that can be manipulated?
Then comes the serious preparation. With a thorough understanding of the case on both sides, and a firm grip on the strategy of the case, cross-examination is then prepared. Cross-examination of each witness must be thoroughly planned, and any documents that are relevant to the cross-examination are identified.
Then comes the preparation of law. Most cases will have some legal reference points. Can the powers of the police officers be challenged? Each offence is normally created by statute; the statue will provide a definition of the offence and will be supported by a body of case law. The case law will identify the limits of behaviour that are permitted within the law, as well as all the defences that may be available.
Once all this preparation has been completed, it will be necessary to have a pre-trial conference with the client. He or she will be very anxious; luckily, the lawyer has learned effective ways to calm the agitated mind.
Then there is the all-important meeting with the prosecutor. What is the character of the lawyer on the other side? Are they rigid in their approach? Do they have any experience of trials? Are they anxious? Do they have any judgment? Can you obtain any further disclosure from them?
As the trial is about to begin, you will face the tribunal. The character and nature — and particularly the intelligence — of these decision-makers will influence the way that you pursue your case. The whole case strategy may have to suddenly change according to the nature of the decision-makers.
And at each stage of the trial flexibility is the key, as new facts emerge to change the course of the trial or to undermine your original strategy.
All this has to be considered as you prepare for a trial. And I haven’t even begun to go into the procedures that have to be complied with!
Then there is the most important part of the preparation: the lawyer’s ego. Are they there to serve you, or their ego? Can they put aside their personal limitations and fears in pursuit of your best interest?
This type of preparation cannot be done overnight; it takes a lifetime of practice. When each area of professional experience is fully developed, you get a lawyer who is far more than the sum of his parts!