P CHECKLIST 1] pROCESSING A CASE FOR TRIAL Interview client Marshall the evidence Research the law Determine need for provisional remedies File pleadings/motions Arrange file for pre-trial statement of issues Fact chart List of witnesses List of exhibits Advisabilty of discovery Judgment before trial or settlement Pre-trial plan Before pre-trial Tal brief After pre-trial Before trial Motions, notices, subpoenas Final review before trial TrialInterview Client 11 Try to get all the facts and relevant docu, ts LL Why did client choose you? 112 Hasclient seen another lawyer be Who? Why didn’t the other lawyer tie a 113 Isclienta “shopper”? ee) 1.14 _ Isclient under the influence of alayman, friend, co-worker, etc.? Y Telativg 11.5 How is the matter affecting client emotionayy, 1.1.6 Size up client for honesty, motives, tendencies, financial standing, ~-14-7 Listen both to what the client says and the Way the client says it, even the gestures, body language yn tone of voice. Be alert also to what the client dost mention, doesn’t want to say, or can’t say without help as this may become crucial in the case. neurotic 1.18 Be aware that you are also communicating with your client by your own choice of words, body language, gestures and tone of voice. Pay attention not only to the expressed content but also the emotional attachment and your reaction to the client. Avoid. expressing or showing approval or disapproval of the client's actions or beliefs, or story. 11.9 Do not, at this initial stage, challenge or confront the ~dlient. Ask questions on areas omitted or facts not mentioned in the spirit of helpfulness, not challenge. Leave cross-examination for later interviews. Avoid emotional over-identification with client, or cultivating a dependency relationship. Discuss and if possible fix fee. Fill in RETAINER RECORD (Form 1). List facts to be inve: you and 1.1.10 'stigated and other things to be done by by your client (Form 2, THINGS TO DO-FACTS). List issues of law to research (Form 3, THINGS TO DO-LAW). ly define goals and limitations of your retainer. There is that you can do as a lawyer, and only so much can pay Techniques and eS and Ideals of th —17 Marshall the Evidence fat all possible, take some action for the client before he eaves your office. 341 Obtain names and addresses from client of all persons whom 22 23 24 25 26 dient thinks — 211 Will testify for client 21.2 Will testify for opponent 2:13 Have knowledge of facts but are not willing to testify or may have difficulty testifying Go though all client's documents, official reports, newspaper clippings, etc. for additional names and documents. Visit crime scene/place of accident or occurrence. 23.1. Prepare diagrams/sketches/photographs/maps 2 Get names of neighbors, other possible witnesses. Use discovery procedures to learn names of opponent's witnesses and others who may have knowledge of facts (see no. 11, post). Trace missing witness/es, if any (Checklist 4, TRACING A MISSING PERSON). Interview witnesses and try to get statement in writing or by means of sound/video recording regardless of whether the witness is friendly, hostile, reluctant or claims to know nothing. 2.6.1 Friendly witness 2.6.1.1 2.6.1.2 Be careful of over-friendly witnesses. Find out why witness has come forward and is willing to testify (relationship to client, other motives, etc.) 2.6.2 Hostile witness 2.6.2.1 2.6.2.2 2.6.2.3 Diokno On Explain you're looking for the truth, and would like to hear the story of the witness. If the witness refuses to talk to you, try to get a signed statement that s/he refuses to talk, and why. Bring along a neutral observer to witness your interview. “Trial: Techniques and Ideals of the Trial Lawyer 81