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- Set your focus. More than particular details, have in mind the
overall theme and demeanor that you wish to maintain in the trial.
Also have a list of the key points you want to make and the key
confusions you want to avoid. Finally, you cannot review the chart
often enough.
- Dress is often a question, and the usual advice is to be professional
and conservative. It is probably best to avoid pricey accessories.
- Jury selection. Trail lawyers are quoted as saying the jury
selection determines the outcome. Many potential jurors will be
eliminated by criteria of profession or attitude in questions.
However there are a small number of jurors either side can reject
without a specific reason. Your attorney and you will make these
decisions, but some principles apply generally. Jurors who indicate
they make held strongly held opinions may be a cause of concern
because they may be more wed to a strong opinon than a direction.
Usually the number of jurors chosen is two more than the number
needed, in order to have alternates.
- Opening statement.. Here each side presents essential facts
and points. The attorney needs the jury to identify with him as
well as his client.
- During the days of the trial your presentation needs to be credible,
and aimed to have the jury feel that they would want you as a
physician for their family. Many of the clinical details presented
are not necessarily easy for even a medical student or resident
to remember. And what the jury holds onto and puts weight on can
be a mystery. Try to have a focus on what stays and sticks in
the jury box.
- Closing statements are again trying to communicate themes and
key facts. Generally the plaintiff has the last presentation.
- The judge's charging of the jury is more than just a routine.
The judges' decisions, including whether to allow additional factors
such as punitive damages, play an important role.
- The jury's deliberations can take half a day or several days.
Most commonly this runs in the range of one to two days.
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