Bench Trial Lessons

After a trial it’s always good to take inventory on the process.  My thoughts from my latest trial:

1. When the Judge says she’ s heard enough – she’s heard enough (always take your cues from the judge – sometimes you won’t get any but when you do pay attention);
2. You never get a second chance to make a first impression;
3. Credibility of witnesses sometimes turns on issues that seem tangential to the case (it’s not always the key issue in the case that will lead to a credibility decision on a key witness);
4. You can never prepare a witness enough (preparation – preparation – preparation);
5. Some witnesses have it – some don’t (but see item 4 above);
6. It is really hard to get called to trial (everything is stacked against you – the judge’s schedule, other cases, and fees);
7. Trials will take longer and be more expensive than you think;
8. Sometimes trials are necessary but usually not;
9. Most cases go to trial because one side has misevaluated the case.