Effective legal case preparation requires working backwards from the desired outcome by first determining what you will say to the judge at the end of the case, then identifying what needs to be established, and finally selecting the most efficient methods to achieve those objectives, such as choosing between calling witnesses, relying on common ground, or obtaining information from opposing witnesses.
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How to Prepare for an Appeal HearingAdded:
Before we came on air, you spoke about the importance of working backwards.
Yes.
>> Right? Could you just please just expand on that? You need to know, even before you start your prep- preparation of a case, you need to think about what am I going to say to the judge at the end of this case, if all goes well. Because I haven't got a crystal ball, I can't necessarily assume that all the witnesses are going to come up to to to prove, and I've got to have a degree of flexibility, but I need to know what I'm going to put in my final speech, or in my speech if it's an appeal. So, you work backwards.
That's the point that you want to reach.
You know where you're going, and you need to know how to get there. So, you say to yourself, "What do I need to establish?" When you've got your list of what you need to establish, "How best can I establish it? Do I need to call a witness, or is it common ground? Do I get this piece of information from my own witness, or do I take the gamble of getting it from the other side's witness?"
Or is there a document that helps me?
And then you look at the questions that you formulated, and you say, "Do I really need to ask that second or that fourth question in order to get to where I want to be, or can I do it more economically?"
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