February 11, 2020

Cecilio M. Sereño Jr.

TO BE A TRIAL LAWYER

The book that I have read “To be a Trial Lawyer by F. Lee Bailey”, I have
understood that it takes a good foundation and thorough understanding of the Law to be
a good trial lawyer. The assertiveness on how to challenge yourself and understanding
that a trial lawyer is not born but it is made through experiences and lessons learned by
not shying away from such profession.

The best service a trial lawyer can render to a client is to be so thoroughly

prepared that the other side throws in the towel without a fight. The trial lawyer is the
last resort and the last hope for justice as they handle cases which cannot be settled
among parties.

That having a good command of language in expressing your arguments through

written and verbal would really help you in your cases including the philosophical
principles sufficient to urge new rules and precedents on courts that are both appealing
and humane. Self-reliance as well, a willing to act swiftly based on one’s own counsel,
with little or no time to consult with or be advised by others, by deciding rapidly and
anticipating the problems or arguments that the adverse counsel may throw at you, you
will be able to recognize the very issue of the case, analyze the actions that would be
proper and to be able to correct actions instantly.

A trial lawyer must possess confidence, discipline, swift and accurate decision
making abilities and the intellect to be good at analysis and logic, most importantly
having a very high standard of ethics and integrity because one’s word must be good at
all times.
 Becoming a good trial lawyer also needs a lot of memory work and there are a lot
of ways or tricks to easily recall the information. Mnemonic’s is one of them to properly
file the things you have comprehended in your brain.

As a trial lawyer, it is a must to have a good foundation of Law in Evidence, as

the court weighs its decision through the evidences presented. Knowing what evidences
are relevant and not excluded by the Rules of Court would really give a trial lawyer a
better chance of winning a case.

I also understood that a proper way in managing yourself in the trial when there
are short notices by the court is to always have a case summary as it would give an
overview of what the case is all about. It is also necessary to know the order of
evidence in order to prepare your witnesses who will testify in favor of your client and
the purpose of such witness. Lastly the legal arguments that you wish to address must
be clear and concise for the court to recognize and resolve it in such a way that it would
not create doubts but a firm and independent stand.

It is also necessary that in dealing with judges, you must be showing respect for
the court not only in words you choose but in your manner of delivering them. Try to
understand the judge’s point of view would aid you in building your case and to give the
court all the help you can do in the form of clear and reasonable legal memoranda or
accommodation to its scheduling needs and assistance to its staff. Always have a word
of honor in speaking to a Judge and consider yourself as taking an oath to establish
trust.
 Calling a witness and cross examining witnesses is an integral part of a trial, that
understanding what questions would favor to your client and what would prejudice the
testimony of witnesses. In cross examining it is necessary to know why the witness was
called for and what the adverse party seeks to establish for you to narrow down the
questions that you might have against the witness. A good control in the direction and
pace of questioning and to have a speed which will give one who is fabricating his
answers insufficient to do so. Memory is the most important for a trial lawyer to become
a good cross examiner, having a plethora of facts and information, including every prior
statements made by the witness and relevant documents to his testimony. Questions to
be asked must be clear and unambiguous, simple and not compound and the result of
such questions would create a logical framework.

A trial lawyer’s final argument or his final opportunity to persuade a judge that his claims
are good ones and ought to be satisfied is to adopt your own style, one that is pleasing
to listen to and fits your personality. Establishing the right violated and why such right
should be recognized and enforced as our courts are the symbols of justice and equity.

This book was really worth reading, it shows that not all lawyers are good trial lawyers, it
takes time and commitment to be a great one, and knowledge still continues as I
become a lawyer in 2021 . I believe and have faith with trust in God that this is the
profession I was made for and will do my best to reach this goal.