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Present a believable and compelling client: direct examination of the plaintiff is a critical moment in a trial. The jurors are watching closely. Make sure they see a likable, credible witness.

Article Excerpt
Jurors are often skeptical about what lawyers say during opening statements, closing remarks, or even cross-examination--unless their statements are backed tip with evidence. They are also skeptical of parties to a lawsuit, because the most easily identifiable bias is a person's financial stake in the matter about which he or she is testifying. Because jurors believe plaintiffs about as often as they believe lawyers, it is critical to dispatch any prejudices against your client by presenting a likable, believable, and compelling plaintiff during your direct examination.

The jury wants to hear from the plaintiff. When he or she is called to the stand, jurors sit up, lean forward, and focus on the testimony. They pay more attention to what's being said and become more critical of what they hear.

This moment is your best chance to win the jury over. Show jurors that your client's position in the dispute is the correct one and that the law dictates the plaintiff should prevail. Appeal to their sense of right and wrong. Jurors who believe and empathize with the plaintiff are likely to find in his or her favor They want to feel good about their verdict and believe that the plaintiff is worthy of the award.

Prepare before trial

You and your client must be thoroughly prepared before he or she takes the stand. One of your first priorities is to anticipate the defendant's strategy and evidence. There are only a few ways in which a defendant can attack a plaintiff's testimony:

* Revealing logical flaws. With proper planning and preparation, you can avoid this tactic by eliminating any internal inconsistencies in the plaintiff's testimony.

* Showing contradictory written or video evidence. Any contradictory video or written evidence should be discovered before trial, so you can deal with it adequately during the direct examination. For example, your final pretrial interrogatories should include a request that the defendant identify any documents or other tangible items that conflict with the testimony of anyone on your witness list. Similar broadly constructed discovery requests seeking evidence to be used for impeachment will prepare you for what the defendant plans to introduce to attack...