Many times as lawyers in trial we get caught up on what the other side is going to say. We may even worry so much about it that we end up presenting our trial story in a way that responds to what we think the other side will say. This is a mistake.
Your trial story should be your trial story regardless of what the other side intends to say. What the other side actually says at trial should make no difference to you. This is because your trial story should be designed to address all the bad facts in a persuasive way independent of what your opponent will say.
Your Trial Story Should Line Up With The Strongest Evidence
Your trial story should be consistent with the strongest evidence in your case. This will let you propel your story without couching anything in terms of what the other side will say.
Your Trial Story Should Defuse The Bad Facts
Your trial story should defuse the bad facts in the case. If you do it right, you do not have to make any reference to the other side’s case when neutralizing the bad facts in your case.
Your Trial Story Should Be Completely Independent From Your Opponent’s
Your story should in no way be dependent on the other side’s story. This is because you should be crafting your story based solely on the facts as you think the jury will see them and not on what your opponent will say or do. In crafting your story your only concern should be whether you rest on a strong foundation based on the facts that will come out at trial. If your story rests on sufficiently strong facts, it does not matter what the other’s side story is. After all, whoever tells the best story wins.
Your Story Is Your Story
Your story is your story. You live by your story, you die by your story. Besides being aware enough and prepared enough to snip at the foundation of your opponent’s story you should not really care about what the other side is saying or will say.