depar tments

By Benny Agosto, Jr. Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner Become a Better Trial Lawyer: Be Prepared

In this edition of The Houston Lawyer, our focus is on litigation. To be successful in litigation one must become a good trial lawyer. That encompasses a lot of different areas of the law; however, one rule that will never change is the fact that success will never be achieved without preparation. In her recent President’s Letter, ABA President Judy Perry Martinez reminds us that, “Access to justice remains a fundamental tenant of the rule of law. Without it, people cannot fully protect their rights, liberty, and property.” There is no question that what we do as lawyers really matters.

In today’s legal environment, there appears to be fewer and fewer opportunities for lawyers to go to trial. There are, of course, arbitration agreements that have become more and more popular. In addition, mediation, another method of alternative dispute resolution, serves all litigants in resolving their disputes. But as a trial lawyer myself and a partner at the oldest personal injury law firm in Texas, we instill in our lawyers the undeniable truth of trial work: if you prepare to settle, you will be trying the case; if you prepare to go to trial, you will likely settle.

The question that many law firms ask themselves about trial is, how do we get our young lawyers ready and experienced in trial if there are less opportunities to go to the courthouse? Trial means trial and error. There is no better way to learn how to become a better trial lawyer than by actually going to trial.

The HBA can help. One great opportunity to obtain trial experience is through the Houston Lawyer Referral Service. By joining HLRS, attorneys can get referrals that may often lead to trial experience. The same opportunities are available through the Houston Volunteer Lawyers, where you can volunteer to take on a pro bono case that may give you trial experience.

Because the HBA enjoys a great relationship with the Harris County judiciary, many judges that have pro se litigants before them will allow HBA lawyers to take on those cases pro bono and proceed to trial. My firm has used this opportunity to allow our younger lawyers to gain valuable trial experience.

Of course, without preparation and dedication to our legal system, none of this can be accomplished. So again I say, preparation is key!

Many articles have been written to teach us how to prepare for trial. I encourage you to research some of those that have been published in The Houston Lawyer. Some of my favorite tools to properly educate our attorneys for trial preparation are focus groups and mock trials. There are many resources that will assist you with this, but I strongly suggest the use of jury consultants. Time and time again, as I prepare for big trials, the use of jury consultants and focus groups allow our team to be prepared for the many issues that they could come up against during trial. Ultimately, the best evaluation of the case can be reached through these efforts.

Last, let’s not forget the great opportunity (and duty) we have as lawyers to promote the importance of jury service. We all know and understand that through jury service, justice can be obtained. In an effort to increase engagement and instill a sense of responsibility and interest regarding responding to a jury summons, former HBA President and current State Bar of Texas President, Randy Sorrels, created the HBA Jury Service Program in 2005, with a focus on the areas of Houston that have historically low participation in jury service. This year marks the 15th anniversary of the HBA program.

The Jury Service Program is geared toward high school seniors and is structured around an interactive experience designed to engage students in the importance of juries, the need for active community engagement, what to expect during the jury selection process, and what serving on a jury is actually like.

An attorney or judge visits local high schools to talk to seniors, many of whom will soon be eligible for jury service. They use PowerPoints and other interactive materials to teach students about the history of juries, the importance of this institution in our justice system and democracy, and the relevance of doing their part to ensure that everyone has a jury of their peers.

In the 2018-2019 bar year, the Importance of Jury Service program reached over 3,819 high school seniors, and in the 2019- 2020 bar year so far, we have reached 2,126 high school seniors. If you need trial experience, or if you want to help younger attorneys in your firm gain experience, take a look at how HBA programs can help you be prepared. Visit www.hba.org for more information on our programs.