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Practice Tip: Last Things First ' How Starting with Jury Instructions Can Help Trial Preparations Fall into Place

By Gregg A. Farley and Kimberly H. Clancy
February 24, 2005

We have all been there. That settlement conference that you think is going to resolve the case does just the opposite. Opposing counsel's parting words are “we'll see what a jury has to say about that.” So there you are, a few weeks before trial with a to-do list that has just increased tenfold. Motions in limine, witness lists, exhibit lists, jury questionnaires and trial briefs all need to be prepared in the coming weeks. The facts of your case begin to play over and over again in your mind like a waking dream (or nightmare).

In the ensuing sprint to opening statements, it is easy to lose sight of one thing: the law. Trials these days can often be boiled down into themes, personalities, high-tech graphics and well-paid consultants. While all of the bells and whistles can make for great show, there is no substitute for knowing the law that will ultimately govern a jury's decision.

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