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For many trial attorneys, the days and weeks leading up to a trial follow a familiar routine. Countless hours are spent preparing witnesses, assembling trial notebooks, obtaining experts, preparing motions in limine, developing exhibits, and tending to a host of other issues that just seem to crop up at the least opportune moment. The frenetic activity surrounding a trial occurs for one simple reason: A trial is the main event, the point at which the client, deciding that a plea bargain or settlement is out of reach, relinquishes a significant degree of control over the outcome by throwing it into the hands of the fact-finder. There being a greater risk for an adverse result, trial counsel must maintain a laser-like focus on one singular goal: winning.

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