Paralegal Work Cycle Across a Trial

Pretrial phase work for a paralegal

In the pretrial phase, paralegals start to really earn their keep. Pressure builds to focus on key testimony. Perhaps last-minute depositions need to be summarized. Summaries of key witness testimony may be demanded and an initial trial exhibit list will be forming from deposition exhibits, affidavits, expert witnesses, and interviews. The paralegal becomes deeply involved with filing Disclosure Certificates and Trial Data Certificates (pretrial certificates), and could be attending hearings, conferences, and settlement meetings. If so, you will be taking notes and, later, preparing follow-up materials.

 

The preparation of special demonstrative exhibits often falls to paralegals. At this time, many duties fall to you. Attorneys count on paralegals to stay in touch with clients and take care of loose details and follow-up items. They look to them for advice about the psychology of certain approaches in testimony, or exhibits, or lines of argument. Often they are not looking for an "expert's opinion" as much as for a fresh (but informed) point of view. Remember that you will be relied on to be a professional and a steady force as trial nears.

Trial Notebooks and Trial Exhibits

These special areas of strong paralegal activity are a "work in progress" all the way up until deadline. You must be sure to prepare them with care and according to instruction-this is no time for "Amateur Hour." Assemble them with all of the best office materials you can get.

Trial notebooks are intended to be an outline of the sequential presentation of the case. Attorneys will tell you what should go in, but you should be armed with your lists, indexes, and summaries so that you will be able to help. Paralegals exhale with fatigue when the subject of trial notebooks comes up, not because they are intellectually impenetrable masterpieces, but because the time issue is most always involved, and then along with that there are sudden changes. These two elements make the paralegal's role very important. Be assured that the firm notes the effort that goes into late night episodes and shortened or obliterated lunch (and dinner) hours. (Overtime in many cases is paid in these situations.)

Settlement or Trial - paralegal's responsibilities

Your responsibilities in trial will vary widely. Some paralegals enjoy "second chair" kinds of responsibilities. Some are not involved at all. If you do get to participate in a trial, prepare yourself emotionally. Be ready to concentrate and to experience intense feelings. Some trials can be tedious, but others can really be the fulfillment of months of anticipation.

Remember, all of these litigation processes can be arrested at any time by a sudden settlement The build up before a trial is exhausting for all concerned. Mentally, emotionally, physically, and psychologically you become geared up. The whiplash that a settlement can cause on trial preparation momentum is tremendous. If settlement does occur, you will not be left without work; they may have you assist with the settlement agreements and releases, and work on stipulations and motions. But all through the litigation process, settlement talk can be heard:

"There's no way this is going to settle"

"I can't believe they won't settle."

"What I could do with half a million."

This kind of talk should not keep you from preparing like you are going to have to go to trial when it is scheduled. At trial, if you are given a full complement of assignments, you will be involved in all or parts of the following:
 

1. subpoena preparation
2. voir dire assistance
3. jury instructions drafting
4. witness and expert "stage management"
5. taking notes and tracking of exhibit numbering and rulings during trial
6. meetings about strategy and witnesses

Though not all paralegals can sit "second chair" at a trial, there are those who have done so, and the drama can be truly stimulating. The whole process of being involved in a trial from precomplaint days to post-trial and appeal can take years and hold a bundle of exciting memories and unforgettable images.

Post-trial work of a paralegal

Sometimes you can feel that a case will never go away. The appeals process can truly give you that sense. You should be prepared to summarize trial testimony from your notes, help with post-trial motions, and work with the bills and costs.

Do not forget to go straight to your Rules and schedule a timetable for the appeals process. Research may be in order if requested. You may be asked to assist with briefs, Shepardizing, and other matters, such as the designation of appeal and the drafting of the notice of appeal.