Yes, being a trial lawyer is a job where we spend a lot of time in our minds — thinking, analyzing, writing — but when hearings and trials come, don’t forget to focus as well on what’s around you and address logistics.

My last jury trial before the pandemic involved a very long running dispute where there was more than a decade of history between parties in a joint venture that had related entities in half a dozen countries. We represented the parties in multiple state and federal trial and appellate courts, as well as worked with lawyers in two other countries. It was a huge logistical challenge to deal with everything, and there were a host of interesting and difficult factual and legal issues to address in all the disputes.

My colleagues and I know when trying a case that we certainly have to have all of that in mind when it comes time for trial. But my preparation went well beyond knowing my case, and knowing the relevant law (we were in front of a very good business dispute judge who challenged all the lawyers on a host of issues), and knowing the specifics of what to ask on direct or what to ask on cross.

I also had to be ready to try this specific case, before the specific jury we had, in that specific court room. I needed to realize a lot of light was streaming in from the big windows right behind the jury, such that it would be hard to see the jurors’ faces when opening, and closing, and I had to let my witnesses know that as well if they wanted to face the jury from the witness stand. I needed to understand that the audiovisual set up in the beautiful, but old, courtroom was not conducive to the more than 1,000 PDFs we’d need put up on screens (so my team had to work out another solution). I kept in mind that, as the plaintiffs sitting very close to the jury given the courtroom setup, I had to take care of which papers we had on our counsel table so that the jurors could not see them.

Trying a case, then, is about a lot more than just law and facts. It’s about logistics. And if you don’t try cases — or have evidentiary hearings, or even handle a lot of oral arguments — it’s easy to forget this. It’s not enough to know the case, but you have to be able to present it in the specific time and place where you’ll present it. And so much being done by Zoom doesn’t change any of this: is there a backlight behind you? Do you know how to share the screen to put up exhibits, or is someone else going to do it? And where on your service or in the cloud will the exhibits be? Do you have a wired connection for your out-of-office witnesses so that they’re not victims to their kids hoarding Wi-Fi by playing online video games while they are testifying?

The simple word for all of this is logistics. You need to know all the logistics, or you will get tripped up in trying to make your case. I think of this, as noted in the title of this essay, as being aware of your surroundings: how will those surroundings in that evidentiary presentation work for you? For you to win for your clients, you must know a lot more than law and facts. You must know how exactly the mini-theater of your evidentiary presentation will play out.

John Balestriere is an entrepreneurial trial lawyer who founded his firm after working as a prosecutor and litigator at a small firm. He is a partner at trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach him by email at john.g.balestriere@balestrierefariello.com.