Trial Preparation
Patricia J. Gustin, CLA & Carolyn Yellis, CLA

An expert often can make or break a case. Through discovery, you will get a heads up on the direction the opposing party will most likely take during trial, such as the key legal issues, witnesses, and exhibits. Check the pretrial memorandum for hints on what the opposing party will be planning to introduce.

Work closely with the trial attorney in developing easily understood exhibits so both judge and jury will, more fully understand the opinions and conclusions the expert will be defending. Ask to attend the trial preparation session between the trial attorney and expert. Offer assistance to the expert (if time permits), such as reviewing the expert’s trial notebook and reproducing key exhibits.

The expert will appreciate the personal touch, as they often work alone or have very minimal administrative assistance. Always give the expert ample notice of deadlines and trial dates.

Given the highly specialized nature of expert testimony, we highly recommend that you keep all expert witness documents in a separate trial notebook. Tab the important sections-in this case, documentation that addresses violation of code.

Develop a “violation of code” tracking system with a list of what codes and standards have come to light. Create a database or use an existing database, to record and track them. If similar case arises in the future, this information will be valuable.

Also establish a hard copy file for the actual code documents, and cross-reference the database for easy access in the future. Include the case and expert’s identification, and keywords to jog your memory.

As in most paralegal endeavors, creativity and perseverance are vital in dealing with violation of code case. The working knowledge you cultivate about what constitutes a violation of could very will exceed that of anyone else at the firm–making you an indispensable member of the litigation team.