Tuesday, September 21, 2010

Post-trial motions; Put your best foot forward.

One of the most excruciating moments for a trial lawyer is at "the moment of reckoning"[i.e. the verdict], when you get hit with a defense verdict, inconsistent or unexpectedly low verdict. Right before your eyes you see all the hard work , money expended , offers turned down etc....pass by. You have to look the client in the eye, console him and somehow assure him the fight is not over. Difficult stuff!
Well, there are two ways to go about things. Feel sorry for yourself and take the easy way out by making a quick oral motion , or "toughen up", request a briefing schedule, order some transcripts and put together the best possible post-trial motion that you and your law man are capable of. This is probably your best chance to address the verdict. You never know; you may even be able to develop some settlement dialogue. If you take your best shot and are unsuccessful, then you can appropriately advise the client that you will not be handling the appeal.
So the next time[hopefully not soon] you have one of these"gutwrenching moments", compose yourself, request to do a motion on the papers, suck it up and live to see another trial!

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