Second-Chairing A Trial: A Law Student's Guide

A second-chair lawyer assists the lead attorney during a trial. They support the lead attorney by examining witnesses, arguing points of law, and handling parts of the opening statement, closing argument, and voir dire. The second chair's role is strategically crucial, but their contribution can be difficult to see compared to that of the lead lawyer. The second chair's responsibilities include preparation before the trial and active listening during the trial. This allows them to make contributions at the right time, such as pointing out questions the lead attorney might have missed. Serving as a second chair is demanding, given the various responsibilities handled inside and outside the courtroom. While a law student's qualifications to second-chair a trial are unclear, it appears that less experienced lawyers can take on this role.

The second chair's contribution

The role of a second-chair lawyer is strategically crucial, but their contribution can be difficult to see compared to that of the lead lawyer. Two major components of the second chair's contribution are preparation before the trial and active listening during the trial.

Preparation

Preparation is key to ensuring success at trial and avoiding time-consuming and sometimes irreparable problems. It is the starting point for ensuring success and will give the second chair something to contribute. Obtaining and knowing the rules and deadlines and preparing the pre-trial and trial documents yourself will help you develop a better understanding of every piece of evidence in the case and the relevant issues. Mastery of the facts, evidence, and issues will then allow you to better serve as second chair and make your job during the trial much less stressful. You should familiarize yourself with every possible trial exhibit, all relevant (and sometimes irrelevant) facts, the testimony of every witness, and all the ultimate issues at trial.

Witness Preparation

Even though your first chair will be conducting the examination of most witnesses, they may not have the time to sit down and prepare every single witness they will be calling. As the second in command, you need to work with the witnesses and prepare them for their testimony. This involves making the witness feel comfortable so that they can communicate clearly.

Active Listening

Active listening will allow you to anticipate which exhibits may be necessary during the redirect or cross-examination. If you are not conducting the examination, you can monitor the bigger picture and be prepared to provide the exhibits, information, or transcripts your first chair needs. Your listening is also being observed by the jury. If the lawyers aren’t paying attention to the testimony, then why should the jury? Listen for what is not said, what’s left out, and what’s elided. This is one of the hardest parts of listening, at trial or otherwise. To be a good second chair, a lawyer must try to overcome the availability bias and listen for missing pieces.

Preparation and listening

Preparation

As a second-chair trial counsel, preparing the trial documents yourself is essential for developing a better understanding of every piece of evidence, exhibit, fact, and testimony in the case. This mastery of the facts, evidence, and issues will allow you to better serve as second chair and make your job during the trial less stressful. It is critical to be well-prepared as the lead trial attorney will rely on you as their exclusive source of information.

To prepare effectively, ensure that the formatting and content of your trial documents comply with the applicable rules, which are often found in local rules or a judge's own rules. Familiarize yourself with all potential trial exhibits, facts, and ultimate issues at trial. For each potential witness, create a comprehensive folder with a summary of their testimony, a copy of relevant exhibits, a fact sheet, and any other relevant notes.

Listening

Active listening is a crucial skill for a second-chair lawyer. By listening attentively, you can anticipate which exhibits may be necessary during the redirect or cross-examination of witnesses. You can also listen for what is not being said or what is being left out, which is often one of the hardest parts of listening. As the second chair, your listening demeanor is being observed by the jury, so it is important to remain engaged and avoid appearing distracted or uninterested.

In summary, preparation and active listening are essential for a second-chair trial counsel to effectively assist the lead attorney and contribute to the success of the trial.

Active listening

A second-chair lawyer must be able to listen actively and intently to what is happening in the courtroom. This means not just transcribing or taking notes on the proceedings, but also listening for what is not being said, and for any gaps in the narrative. This can be difficult, as our brains are biased towards information that is explicitly stated. However, by listening for these missing pieces, a second-chair lawyer can bring important points to the attention of the lead lawyer.

For example, a second-chair lawyer might be responsible for preparing witnesses for their testimony. This involves not only making sure the witness is comfortable and able to communicate clearly, but also ensuring the witness's testimony aligns with the overall case narrative. Active listening allows the second-chair lawyer to anticipate which exhibits may be necessary and provide these to the lead lawyer when needed.

The second-chair role can be demanding, requiring a lot of background work and courtroom responsibilities. It is important for second-chair lawyers to manage their physical and mental health, as well as their time, to ensure they are performing at their best.

Overall, active listening is an essential skill for a second-chair lawyer, allowing them to provide valuable support to the lead lawyer and ultimately contribute to a successful trial outcome.

Supporting the lead attorney

Serving as second chair on a trial team is an exciting opportunity for aspiring trial attorneys to gain on-the-job training. The second chair attorney supports the lead attorney by ensuring that everything runs smoothly during the trial. This involves keeping track of everything that happens behind the scenes, including preparing exhibits, witnesses, pocket briefs, jury instructions, and notes for closing arguments.

One of the most important aspects of being a good second chair is active listening. This involves not only listening to what is being said but also paying attention to what is not being said or what is being left out. Overcoming the availability bias, or the tendency to focus on information that is affirmatively present, is crucial for a second chair attorney to identify missing pieces and bring them to the attention of the lead attorney.

Another crucial role of the second chair attorney is to assist in witness examination. While the lead attorney conducts the examination, the second chair can make notes and suggest relevant questions or documents at the appropriate time. It is important for the second chair to let the lead attorney maintain their line of questioning and not interrupt the flow of the examination.

Additionally, the second chair attorney should be prepared to take on important responsibilities, such as examining witnesses and arguing points of law, to help the lead attorney build a strong case. This may involve preparing the briefing on important issues, which can give the second chair a deeper understanding of the facts and law than the lead attorney.

Overall, the second chair attorney plays a strategically crucial role in supporting the lead attorney during the trial. By being diligent, prepared, and actively listening, the second chair can make valuable contributions to the trial team's success.

The physical and mental demands

Serving as second chair in a trial is physically and mentally demanding. As a law student, you may not be aware of the demands of a trial, and may not be able to appropriately manage your life during the trial. This can lead to a vicious cycle where your job becomes even more difficult, which in turn negatively affects your physical and mental health.

Physically, you will need to be able to sit for long periods of time, repeating the same movements, and speaking clearly so that listeners can understand. You will also need to be able to see details of objects that are less than a few feet away, and differentiate between colors, shades, and brightness.

Mentally, the role of a second-chair lawyer is strategically crucial. You will need to prepare before the trial and actively listen during the trial. Active listening involves listening for what is not said, what’s left out, and what’s elided. This can be difficult, as our brains are biased towards information that is present in the affirmative sense. As a second-chair lawyer, you will also need to work with witnesses and prepare them for their testimony, making them feel comfortable so that they can communicate clearly.

Law is a high-pressure and high-stress job, and lawyers are more prone to burnout, anxiety, clinical depression, and substance abuse. It is important to maintain consistency in all aspects of your life during a trial to preserve your health and sanity, and optimize your performance. This includes maintaining a healthy diet, getting enough sleep, and managing your workload.

Frequently asked questions