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As a trial lawyer, it’s always interesting to know how other lawyers prepare for trial. And of course, how they deal with the stress. Let me give you a brief behind-the-scenes of what I do and how I feel.

First, the feeling.

I don’t like to lose. I go to court almost every day, and as a criminal defense attorney, the system is designed to make me lose. And I hate losing. So I prepare. And prepare. And prepare. My job is to know my case better than any of the State’s witnesses—cops, civilians, even the prosecutors. And with that comes the stress of preparation. Planning what evidence every witness may testify to. And, what they may not testify to. What objections to make and not make. All while making sure my client is comfortable at the table.

And let’s pause for a minute. No matter how stressed lawyers feel, the client’s stress is 10x. So on top of my trial preparation stress, I have additional stress thinking about how to resolve my client’s stress. :). Key takeaway – exercise before, during, and after trial.

About a few days before the trial, I’m on peak (as my investigator says). That means I know every fact, specifically where each is in the evidence (by page number and report), and I can argue against every point the prosecutor makes. At peak, I’m less stressed because I’ve prepared enough to feel comfortable. All trial binders (see below) are made. It’s autopilot from here. I know my case. And when that feeling of knowing my case comes, I know I’m ready.

So how do I organize my files?

• 3-ring binders – Every witness gets their own binder.
• Manila folders – I use these for pretrial motions, as well as jury charges. Basically, anything that isn’t for the actual trial goes into these to differentiate the data from trial materials—e.g, jury charges, motions in limine, verdict form.
• Old school 3×5 notecards – During trial, when I think of more questions, I put them on the notecard to remind me that this was an issue brought up during trial. Again, by putting it on the card, I know the issue came up during the trial rather than in my preparation.
• Post-it notes – More for my paralegal and investigator. They go through 100s by writing down questions and passing them to me. Again, a post-it note tells me who (my investigator or paralegal) it is from. And yes, I like the colors and pastel versions.
• Google Docs and Sheets – The entire trial outline is on these sources, which are organized by witness. My team has full access to these documents. They are printed in a binder and also available online throughout the trial.

All of this gets put into a rolling cart (with wheels that climb stairs). I also bring Lifesavers, Skittles, M&Ms, coffee K-cups, coffee cups, bottled water, and a kid’s toy (I literally steal something from my kids that reminds me of him/her for the day). On the day I am writing this blog, I have a trial and brought a baseball to court with me.

Of course, pens and paper, etc, which I plan to write separately about because I feel this is an important issue!

And that’s it! Not Guilty!