Practical Tips To Reducing The Workload For Criminal Defense Attorneys: Trial Notebooks
One of the things that comes with years of experience is learning how to do attorney work efficiently. It is not that I have any special training in organizing a case file – it is just that through trial and error I have learned that it is important to have a system to organize a case file. The reasons for having a system are many. First, you know what to do at any juncture in the criminal process. Second, your staff has an easier time knowing what needs done and what does not need done. Perhaps most importantly, a system helps you prepare a case for trial with a focus that is lacking with other methods.
I am not an organizational guru. I was better at buying expensive organizational equipment than I ever was at using it. Fortunately, I have learned through trial and error what works and what does not. You do not need expensive equipment. For most trials I have just two notebooks – one for witness notes and one for trial process notes (collectively my “trial notebooks”). I reuse the same three-ring binders repeatedly for different trials and different clients. Forgive me for being old school, but I have found that paper trial notebooks cannot be replaced by digital applications and searches. Digital searching of discovery is very important and more efficient than paper searches. No, what I am talking about is the work product you will use to cross-examine prosecution witnesses and direct your defense witnesses, if any.
The defense attorney’s organizational system should start with what does s/he need to be ready for trial. I have organized my trial process notebook with the following table of contents that I start with for every case:
Admittedly, the structure is a bit forced because I am trying to use ready-made tabs available at any office supply store. It does not matter much whether you use this exact table of contents or your own structure. The important piece is that you know what you want to have at your fingertips at trial and how to locate it quickly during argument or examination. Use the blank sections for things that come up during trial or before trial. The “S” tab is a convenient place to put motions to suppress that have a bearing on your trial work. I have used the “N” tab to keep multiple motions in mine to keep straight for trial. Perhaps my most powerful insight after years of preparing for trial is that an organizational system is not an end in itself.
This system is scalable. The “M” tab is usually my notes and pleadings from motions hearings. I just take my motions notebook, put the A-M tabs on top, the N-Z tabs behind, change the labels and viola – my trial process notebook is begun. It is nice to have your motions notes and pleadings in an accessible place when it comes time to object during trial. Invariably you or the prosecutor will want to rehash issues heard at motions.
Fill the trial process notebook with the items you will need ahead of time, even if it is just blank paper. I put a few sheets of blank paper in tab “A” so I do not have to find blank paper to note an errant ruling by the judge. I also put a blank exhibit list into tab “E” so I am not scrambling to organize what exhibits were admitted later in the trial. Those blank exhibit lists look like this:
The witness notebook is organized by witness last name. Order is a matter of preference. Alphabetical order is helpful, but by trial time, you know the prosecution’s likely key witnesses and I prefer to put the most important witnesses in the front. Sometimes the alphabetical system has you flipping the whole notebook through flimsy three-rings to get to lead detective Zuichkovski over and over again. It is a pain to reorganize, so figure it out ahead of time.
This is very important: try not to put multiple copies of the same police report in your trial notebooks. If you have marked up your police report to cross-examine the lead witness in the case, do not put a blank copy of the same report in the police officer’s folder too. What I often do is put a blank page in the detective’s session that says in big letters: MAKE SURE YOU CROSS ON WHAT WITNESS X SAID TO THE OFFICER ON 10/24/24 REPORT. When I am done crossing witness X, I move the report into the officer’s folder (or vice versa). If I forget, my note with the big letters reminds me to do it on the fly.
Again, this system is scalable. You could have separate notebooks for each witness in a document heavy case. You could have separate witness notebooks, if the materials were too large for one notebook, for the prosecution witnesses and your witness or lay witnesses and police witnesses. It all depends on your case type and what is important. Aspiring to put together a system that works for you is the key to efficient trial prep and practice.
ABOUT THE AUTHOR: ©Matt Werner. Matt represents a diverse set of clients who need a seasoned and hard-working trial attorney. He makes himself available 24 hours/day, seven days/week for his clients when they need urgent advice. You will find him to be a knowledgeable advocate for you. Matt has been with Alpern Myers Stuart LLC since 1998.
