Legal Definitions - Trial practice

Trial practice refers to the specialized set of skills, strategies, and legal procedures that lawyers employ when presenting a case in a courtroom. It encompasses all aspects of conducting a trial, from the initial selection of a jury to the presentation of evidence, questioning of witnesses, and making arguments to the judge or jury, leading up to a verdict. This area of law is governed by specific rules of procedure (such as civil or criminal procedure) and ethical standards that dictate how lawyers must behave and present their case during the trial itself. These rules can vary depending on whether the trial is in a state or federal court.

Here are some examples illustrating trial practice:

• Example 1: Criminal Defense

  During a criminal trial, a defense attorney is cross-examining a police officer about inconsistencies in their testimony regarding the arrest of their client. The lawyer strategically asks questions designed to highlight these discrepancies, while the opposing prosecutor frequently objects to the form of the questions or the relevance of the information being sought. The judge then rules on these objections, guiding the flow of questioning.

  This scenario demonstrates trial practice because it involves the lawyer's application of specific rules of criminal procedure and evidence. The attorney's skill in questioning, the prosecutor's use of objections, and the judge's rulings are all governed by the established protocols for conducting a trial, showcasing the dynamic and rule-bound nature of trial practice.

• Example 2: Civil Personal Injury Case

  In a civil lawsuit stemming from a car accident, the plaintiff's attorney is delivering their closing argument to the jury. They meticulously summarize the evidence presented throughout the trial, emphasizing the defendant's negligence and the extent of the damages suffered by their client, urging the jury to find in favor of the plaintiff and award appropriate compensation.

  This illustrates trial practice as the closing argument is a critical phase where the attorney must skillfully synthesize all the evidence, persuade the jury, and adhere to the time limits and ethical guidelines set by the court and civil procedure rules. It highlights the strategic and persuasive elements inherent in presenting a case effectively at trial.

• Example 3: Business Dispute

  Before the main presentation of evidence begins in a complex breach of contract trial between two corporations, the legal teams for both sides are engaged in jury selection (known as voir dire). They are questioning potential jurors to identify any biases or predispositions that might affect their impartiality in deciding a case involving intricate financial details and corporate agreements.

  Jury selection is an early but crucial component of trial practice. It requires lawyers to understand and apply the procedural rules governing juror eligibility and challenges, using their judgment and strategy to select a jury they believe will fairly consider their client's case. This demonstrates the procedural and strategic elements involved in preparing for and initiating the trial itself.