Angela M. Rinehart: This is how experience can wallop imposter syndrome

Last year, I wrote an article about the imposter syndrome I felt as a litigator in her seventh year of practice who had never tried a case. And in that article, I encouraged young lawyers to take all the trial training opportunities out there so that once a trial came around, they would be ready.

Well, I wrote that article just two months before I was about to experience my first trial, all while knowing settlements always happen on the courthouse steps. To my surprise, trial went forward.

I defended a client, along with my amazing colleagues for six full days of a bench trial in Ohio, and I had the time of my life. I directed a key witness, an expert, and cross-examined the plaintiff’s damages expert.

After post-trial briefing, we received a defense verdict, and while the case is up on appeal, that experience changed everything for me as a trial lawyer.

As I noted last year, less than two percent of cases go to trial, so these experiences are hard to come by. And just as so few cases go to trial, so few lawyers really know how to try a case, or even want to. I wanted to. And now I just want more.

I was extremely lucky to have had such a great first trial experience. I had an amazing mentor to show me the way. I had great colleagues who worked very well together. And we got a defense verdict.

But even had the result gone the other way, trying a case completely changed my perspective of every step of the litigation process. My practice typically involves complex commercial litigation matters, but the following tips apply to any litigation matter—whether it’s medical malpractice or personal injury, an automobile accident case, or a general business case.

We all know that after a case begins and the parties have moved beyond the pleadings stage, discovery is where the case becomes clearer.

There are a few things that I learned that help get the most out of the discovery process and that best set your case up for a successful trial.

One of those is building a comprehensive master timeline or chronology of the facts. This document will start off small and grow throughout the discovery process. You will refer to this document as you prepare for depositions and create examination outlines for trial. An even better master chronology will have key documents embedded within it. This will be an invaluable resource as you prepare necessary exhibits for trial.

Some of you might be saying, “Well, that sounds great, but how do we even get to the place where we find those key documents for our timeline?” The answer is the bane of every young lawyer’s first few years of practice: document review. Document review is truly the most vital stage in litigation.

Sifting through thousands of documents and finding relevant ones for your case, while time-consuming, should be taken very seriously. This is where the magic happens. Implementing an effective document review process can help organize evidence and build a credible case.

I also approach depositions a bit differently after trial. During my trial, several depositions were shown via video to the Court. While that is not always necessary, it is a consideration that should be analyzed before depositions are scheduled.

Questions that should answered include: Will this witness be available for trial? Is this witness subject to the subpoena power of the Court? If not, should the deposition be videotaped?

Lastly, I simply had not previously thought about how much you must work with opposing counsel to get ready for trial. Whether it’s working on stipulations of fact, joint exhibits, or deposition designations, there is so much on which the court expects you to work together.

If you have a combative relationship with opposing counsel, it just makes that process harder. While there are always exceptions, attempt to work amicably with opposing counsel on these things. The court, and the jury, will appreciate it.

These are just some of the big-ticket items I view differently after having been to trial. There are many more. If you are a young lawyer with no trial experience (just as I was a year ago), I again emphasize the importance of investing in yourself and taking opportunities to hone your trial skills now.

You can’t fully comprehend how important that is until you get your first trial under your belt. Just trust me.•

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Angela Rinehart is an associate in the Indianapolis office of Ice Miller and serves on the DTCI Board of Directors. The opinions expressed in this article are those of the author.