Robert Boyers

Trying Your First Case

Our attorneys specialize in the litigation and trial of catastrophic personal injury cases

You are an experienced trial or personal injury attorney who is approached in the courthouse by a young attorney, Joe Greenie, who will soon be trying his first case. You can actually smell his fear. Greenie asks you for sage advice that he can cling to as his parachute when he begins his harrowing and public free fall. What do you tell him?

  1. You are lucky to be a personal injury trial attorney!
    You wage courtroom combat in order to compensate the injured, hold wrongdoers accountable and make our community a safer, better and more just place to live. As you step down off your soap box, a tear slowly begins to trickle down your cheek. You do not know if Greenie is moved, but you are. So you continue:
  2. Don’t panic! It’s OK to be green!
    Jurors are usually sympathetic to a young personal injury attorney putting it on the line for the first time. They love and root for underdogs. So don’t be afraid to let your jury know that it’s your first case. I know some trial attorneys who have tried their “first case” fifty times.
  3. Prepare, prepare, and then prepare some more!
    Read your entire file and know your facts cold. Draft your order of proof early. It will be your guide.
  4. Listen to your client and witnesses during preparation
    While you prepare them, they will prepare you to compellingly present your client’s story. Allow their feelings and observations to provide case themes that will resonate with your jury.
  5. Construct powerful themes
    If you have an anchoring theme that can be reduced to one poignant sentence, your chances of winning are greatly enhanced. A now classic example is Johnnie Cochran’s “If it doesn’t fit, you must acquit.” In a product defect case where it is claimed that a dangerous product could have been made safer at minimal cost to the manufacturer, it might be: “This is a case about a greedy corporation putting profits over people.” Or in a contract case, it might be simply: “This is a case about a broken promise.”
  6. Review the jury instructions and know the law
    If the court directs a verdict against your client because you did not know what you were legally required to prove, you’ll be the defendant in the next lawsuit. Also, embrace the language of the charges when presenting your case, so that the jury understands that if they “follow the law”, your client wins.
  7. Draft a proposed Winning Summation early in your preparation
    This and your order of proof will serve as invaluable road maps during your trial. Craft every aspect of your case presentation around the goal of delivering that closing.
  8. Listen to witnesses on the stand
    Friendly fire and hostile fire can be equally lethal to your case. Whether conducting direct or cross-examination, listen carefully to every witness. Your notes do not contain your client’s pained expression or the defendant’s inadvertent concession. If you don’t exploit these openings, your adversary will.
  9. Summarize and persuade through demonstrative aids.
  10. Care about your client and believe in your case!
    If you don’t, neither will your jury. If you believe, so will they. Happy trials!

To learn more about personal injury law, contact the attorneys at Boyers Law Group , serving Miami and surrounding areas of Florida.

Client Reviews
Rob very successfully represented our family (our son) in a medical malpractice case involving a birth injury where our son suffered brachial plexus at birth.
Rob truly has a passion and an amazing talent for law. His commitment to his clients is truly unwavering and we are forever grateful for the dedication and care that he put into our son's case. Without a doubt it is because of Rob that our son will have opportunities in life he may not have had and will have the resources he needs to make his disablility less of a hindrance for him.
Robert Boyers was recommended to me to handle my slip and fall case. I will be forever grateful to Robert for allowing me to feel that I was in the ‘best possible hands’ throughout the 2+ year process through and including the settlement of the case. Robert’s expertise, professionalism, and compassion were beyond what I observed in the legal field. And, his associate and staff were a fine reflection of Robert’s guidance. Robert was always available to answer any questions or concerns I had. Rhonda
I hired Mr. Robert Boyers for a wrongful death case involving my father. I wasn’t sure what to do, or procedures to take until I met Mr. Boyers. I can say honestly from my heart I’m very thankful I met this attorney. Losing a father, and feeling lost is the worst feeling anyone would have. Mr. Boyers and his staff was very sincere and compassionate the entire time and then after during my case. Erica
I had a major accident where I sustained many injuries both short and long term. I was referred to Rob Boyers by a friend and I contacted him and he came to my house as I was completely incapacitated. He interviewed myself and my family as to the facts of the case and we subsequently hired him to handle my case as it relates to the insurance and the various medical obligations i was incurring.
To that end I am grateful to him and his services and consider him a friend to this day.