Your opponent must provide you with a witness list and copies of all exhibits. You can ask written questions under oath and require production of documents. You cross-examine all your opponent’s witnesses before ever setting foot in a courtroom. So, it’s not like Perry Mason. I have yet to see a bombshell witness fly through the courtroom doors to save the day. Never have I even heard of a member of the gallery standing up and proclaiming, “All right, I admit it, I killed Norby Frebish, and I’d do it again!” Still, you must be quick on your feet. You may think you are fully prepared—a sturdy ship maintaining a steady course—but it never works quite that way. At best, you’re a rickety boat sliding down treacherous waves in a sea peppered with unseen mines. As in a stage play, you rehearse and rehearse. Unlike a play, in court, after the first act, you often tear up the script. You need strategy, and that is different from preparation.
