The Courtroom Lawyer: Defining Success, Part 2 of 3

In part I, we listed the three essential elements of being a good courtroom lawyer and examined the moral foundation element in detail.  Here's part 2 - 

The “Best Evidence” Available Rule - Working Backwards 

The second essential element for success in the courtroom is the evidence you present.  A trial is nothing more than a competition of evidence.  The better your evidence is, the more likely you will achieve a successful result. 

Success in the courtroom, therefore, is in part ministerial:  find the best evidence available and let it speak for itself.  This is easier said than done.  Your litigation budget will dictate what evidence will be “available” at trial more than anything else.  Nonetheless, nothing should prevent you from identifying what evidence could be available, if you had an unlimited litigation budget.  From there, you can work backwards to determine what evidence will likely be available at trial.  And from there, you will have identified what you need to do to succeed.  Go find it and let it speak for itself!