When an attorney mentions they are ‘on trial’, it is a commonly recognized cue within the legal profession, indicating that virtually all their efforts are being engulfed by the ongoing trial, leaving little room for handling any other matter. It is not a mere exaggeration to seek extensions of matters or to request flexibility. But until one steps into the shoes of an attorney preparing for a trial, it’s hard to grasp why the trial phase is such a time vacuum that sets it apart from any other task within the legal profession.
Court Days
Being in court all day can significantly obstruct a lawyer’s routine practice. It can make it incredibly difficult for them to work on papers, get back to clients and manage other tasks associated with their other files. In some courts, where security requires them to check their phones in, it adds an extra layer of difficulty in managing their affairs. While most of the time, a lawyer’s court appearance for hearings, motions or conferences takes up half a day, the situation drastically changes during trials. Trials, especially those enplanelling juries, tend to be all-day events extending over an extended period. This greatly restricts a lawyer’s ability to handle their usual day-to-day matters.
Pre-Trial Documents
Lawyers often work under tight deadlines, preparing documents on short notice. However, as outlined by Jordan Rothman, a partner of The Rothman Law Firm, and founder of Student Debt Diaries, these challenges are amplified during trials, which generally face even stricter timelines. Preparing for trials involves many complications, such as pretrial motions, jury instructions, jury verdict sheets, and other documents necessary for preparing a case for trial. Lawyers usually postpone these tasks until the last possible moment, due to their expectation that many cases will settle before a trial. However, when a trial becomes unavoidable, the time constraints grow severe, and this coupled with the need to perform jury research, prepare opening statements and examination outlines, adds to the tremendous stress and workload of trial attorneys.
Work During Trials
The work doesn’t stop during the trial either. After each day of the trial, lawyers need to prepare questions, exhibits, and arguments for the next day, leaving very little time for other tasks. Travel time to and from the courthouse can also add to the time drain, especially when remote working is the primary mode. Coordination with potential witnesses and managing administrative functions related to the trial when outside the court can further consume a lawyer’s free time. From an outside perspective, it might not be immediately evident why attorneys ask for deference when they are on trial. But the reality is, a trial is unlike any other function a lawyer must handle. It is a major drain on their time, making it very challenging for them to complete any other tasks.