In preparing for trial, it is natural to focus on what you will say when you address the judge or jury, and when you question witnesses. While it is important to say the right things in the right way at the right time, it is equally or more important to listen attentively to the judge, jurors, lawyers, witnesses and others in the courtroom. This will help you address the judge and jurors’ questions and concerns, maximize the effectiveness of witness presentations, and make better trial strategy decisions.
Not as Simple as It Sounds
Listening is essential to being a successful trial lawyer, but doesn’t always come naturally in the heat of trial. Listening can “feel too passive, like the opposite of action. It is much faster to move to a decision based on the information you already have. But in doing so, you miss important considerations … .” Ram Charan, The Discipline of Listening, The Harvard Business Review (June 21, 2012), http://bit.ly/1KP4HEt. No matter how entrenched you are in the litigation, you are bound to learn new facts and insights at trial. This learning cannot take place without actively listening during all aspects of trial.
