By Angelo A. Ziotas (Excerpted from the Connecticut Trial Lawyers Association FORUM, Fall 2019) — Try your case, be prepared to pounce and be sure to create your record for appeal.
The party that prevails at trial most often succeeds in framing the dispute on his or her own terms. So, you must prepare your case with your evidence and themes firmly in mind, i.e., try your case. However, you must also keep your eyes and ears open for that moment – that opening or mistake that allows you to drive home your theme or undermine your opponent. Finally, you need to preserve your record for appeal when you receive an adverse ruling, as proving harmful error is nearly impossible in a civil case.
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