One of the most promising opportunities for an aspiring trial attorney is serving as a second chair counsel during a jury trial. The role of the second chair is crucial to a trial’s success, as well as the future success of the aspiring trial attorney.
This post will tell you what you need to know on your way to becoming an effective second chair trial counsel!
The Role of the Second Chair
The second chair counsel is responsible for ensuring that everything runs smoothly during the trial. Serving as a second chair is some of the best training an attorney can get.
The duties of the second chair include:
- Keeping track of everything that happens behind the scenes
- Preparing exhibits
- Preparing witnesses
- Preparing jury instructions
- Maintaining a record for appeal
The majority of your contributions as the second chair will come from the counsel’s table rather than the podium, but your hard work will not go unrecognized.
Continue reading to learn some of the essential skills and duties necessary to become an effective second chair.
Communication
Communication skills are great to have in any career and are especially important when working with a team.
Establishing a clear line of communication with the lead attorney will expedite any meetings, especially when preparing pretrial documents. Trials are stressful enough, so scheduling pretrial meetings is essential.
If serving as the second chair is a learning experience for you, feel free to ask questions to the lead attorney at any point. It is better to ask questions as soon as they arise so you can keep on track.
Having a good working relationship with the lead attorney will make both of your lives easier. Attorney Miles B. Cooper suggests that a second chair’s relationship with the lead attorney should be to make their job easier.
If you are preparing any witnesses, make them feel comfortable through your communication and body language. If a witness is not comfortable during the preparation period, they may not feel comfortable in the courtroom, which could damage the effectiveness of their testimony.
There is a great chance that your witness has never testified in court before, so you can ease their nerves by telling them what to expect. Describing the courtroom, judge, and jury beforehand will lessen the shock they feel when the trial arrives.
If you do not trust your communication skills enough, consulting with a trial image consultant in Palm Beach will help you to effectively prepare witnesses.
Attention to Detail
Your lead attorney is counting on you to find the small yet important details of the case and trial.
Consulting with a trial image consultant in Palm Beach, learn as much as you can about the jury before trial. Palm beach trial image consultant Focus Litigation Consulting can assist the trial team in the effective and strategic exercise of peremptory challenges and in making informed challenges for cause.
After being provided with a jury profile, your attention to detail can identify the critical attributes of each member of the group that should guide the delivery of the lead attorney’s messages during trial.
During the trial, your job is to make note of the jurors’ various backgrounds, answers, and reactions to the questions presented to them. Voir dire happens quickly, so it is best to take brief notes on a pad of paper.
Your notes will be crucial in deciding which jurors to excuse, and conferring with the lead attorney will enhance your team dynamic.
Exhibits
Exhibits are a large part of the second chair’s responsibilities before, during, and after the trial. Before trial, your job is to ensure that all exhibits are complete and accurate, then determine how documents will be presented at trial.
Complete sets of exhibits should be readily available to all parties involved in the trial, including the judge and witnesses. If there are many exhibits, ensure that they are organized at the counsel table for easy access during trial.
One of your main tasks will be to keep track of when exhibits are introduced, marked, and entered. Ensure that all key exhibits are moved into evidence.
Preparing exhibits yourself instead of leaving it to a paralegal or secretary will allow you to better understand the trial and become an expert on all things related to the case. While it may seem like a lot of work, the time spent preparing exhibits will be worthwhile.
Spending a great deal of time with the exhibits will prepare you for any hiccups that may occur during the trial. If you sense something could be contested, let the lead attorney know beforehand.
Closing Statement Preparation
During the trial, the second chair should keep track of how the evidence stacks up to the opening statements for use in the closing argument. Paying attention to the opposing counsel’s statements, take note if he or she failed to fulfill any promises that were made during the opening statement.
Your lead attorney will be looking out for these details as well but the more information your team has, the better.
Taking clear and concise notes will make the summation process easier for your lead attorney, and you may have noticed something that they missed.
Final Thoughts
Serving as a second chair trial attorney can be overwhelming at times, but it is a great opportunity for new attorneys to learn from.
Take your duties seriously and don’t be afraid to go above and beyond for your lead attorney. Your team will take notice of your determination, establishing a strong working relationship with them.
As a new attorney, you are not expected to know everything and are welcome to ask questions. Feel comfortable knowing that your lead attorney has been in your shoes at one point as well.
Mistakes may happen but you should not feel discouraged, your skills will improve with time and practice. Treat your position seriously and get the most out of the experience.
Second chair trial counsel is an essential part of the council team, and you will look back on your experience with gratitude someday.
Focus Litigation Consulting 