Many non-lawyers do not realize that they, as clients, play a critical role in the preparation and ultimate success of their lawsuit.  Attorneys prove cases through all sorts of physical, testimonial and documentary evidence, along with lay witness and expert testimony.  So the client’s testimony, and the testimony of their supporting witnesses (often their friends or associates), is critical to the successful outcome of their litigation.   This type of testimony is not the same or cut-and-paste type planning in every situation.  Nothing could be further from the truth.  There many different ways of handling any given lawsuit.  The evidence that theoretically could prove any issue in any case is very broad and limited only by the imagination of the client and working side-by-side (along with the rules of evidence).

But The Rules Of Evidence Are No Walk In The Park

That being said, there are many significant limits in the rules of evidence, which are rules contained in Florida Statutes that limit the admissibility of all sorts of evidence, from various kinds of testimony to documents, limitations on expert witness testimony, and many other things.  You’ve probably heard of the hearsay rule (although doubtful, assuming you are not an attorney, that you really understand that rule).  But you might be surprised to learn that there are more than 20 exceptions to the hearsay rule. And those exceptions are long and complicated.  And that’s just one of so many evidence rules that a book on Florida evidence could only scratch the surface of the actual law. These rules are complex and often lead to motions and extensive arguments regarding why some important evidence should be admitted or not.

For that reason, before trial, attorneys sometimes file motions called “Motions In Limine.”  The plaintiff or defendant can file these motions if needed.  These are basically motions asking the judge to rule on the admissibility of certain types of evidence before trial.  After either party files a motion in limine, in which they present written lengthy arguments regarding the factual and legal reason the evidence should be admitted or excluded, they then attend a live hearing in front of the judge to present their arguments in person.  Success or failure on these motions can have a dramatic impact on your case.  For example, the defense might this type of motion trying to exclude photographs of visibly severe and awful injuries because they would be “unduly prejudicial.”  The judge has a lot of discretion regarding whether to admit or deny these motions, so persuasive written and verbal argument is important to taking your best shot.  And some of this evidence can have a tremendous emotional effect on the jurors.  You cannot change what the judge decides (unless you appeal later), but sometimes your testimony can affect how the judge rules on various other critically important issues in your case.  When that is true, your attorney needs to carefully explain how you can help your own case.

Other Ways You Can Help

Clients also need to be educated about the importance of developing other evidence.  Very often preparing and preserving evidence requires the client to do some legwork or preparation.  For example, the client might need to keep a careful journal about their feelings and other events so they can remember when they need to testify about their suffering and pain.  They might also need to meet with grief experts to accomplish the same goals.  Or they might need to find and talk with other potential witnesses or gather essential documents within their possession (and which their attorney must have to present the case most effectively).  Both the client and the attorney, working together, must explore all of these issues at length over time, throughout the pendency of the lawsuit.  Individual case strategies are unique to each case.  Detailed preparation of the evidence is simply essential.  As one of my former law professors used to say “a shot glass of facts is worth a tub of law.”  You hold the key to many critical facts–but you need your attorney to work closely with you to uncover those facts.

I Will Help You Help Yourself

I will work closely with you and keep you well-informed regarding how we can best work together to develop this critical evidence during all phases of preparation for your day in court.  If you hire me, you can expect close communication and hand-holding in serious cases about how best to prepare your case.  Extensive preparation matters.