Behind the Scenes: What it Takes to Prepare a Case

One of the first things Chris told me about the life of an attorney was that 90% of the work happens outside of the courtroom. He thinks that if that’s not how you’re doing it, you’re probably spending a lot of time losing, and Chris does not like to lose. So, 90% preparation time to ensure the other 10%, the exciting part, is spent doing what he calls “getting in fights.” 

I usually see the 10%, because most of the time I’m with Chris, we’re in court. This past week, however, Chris wanted me to understand the true extent of the process he goes through for just one case. I had been getting the client’s view, but I needed to see the attorney’s perspective.

After the young woman reaches out to Chris, the two of them meet a couple times, they speak over the phone, and she provides him with something akin to an affidavit, as well as some text messages between her and her ex-partner. Chris tells her the date and time of her magistrate hearing at a district court in Boston. A magistrate hearing is conducted for less serious crimes to determine whether there is probable cause for the defendant to go through a criminal trial or if the charges should just be dismissed.

The client drives to the courthouse that morning at 9. We all chat for about 45 minutes outside the courtroom as we wait for her case to be called. Her name is called, we all walk in, but before we have the chance to sit down… 

“Case dismissed,” the judge declares, “No police officer present, no complaining witness, no case.”

“Great, thank you for your time,” Chris replies as he ushers us swiftly out of the courtroom.

Chris’ client exits the courtroom hesitantly, dumbfounded at how easily her issue was resolved. She can’t quite believe it. Chris assures her that there is nothing more she needs to do, shakes her hand, and thanks her for her business. 

“That’s seriously it?” she asks, smiling.

“That’s it,” Chris answers.

I left court that morning thinking wow, that was almost too easy. But for Chris, that hour at the courthouse was certainly not “it.” Chris spent hours upon hours preparing for this hearing. He read through this woman’s affidavit time and time again, which explained a relationship spanning 3 years in extensive detail. He combed through 3 years’ worth of text messages–over 100 pages of texts–to try and piece together a coherent timeline of the relationship for the magistrate. He distilled this information, along with the information gathered from his client meetings, into a clear, concise story. He distilled the story even further into an outline that would fit in his notebook. He rehearsed the way he would verbalize that story to the clerk. He readied himself for the cross-examination of the complaining witness and the police officer. 

He did all of this knowing, of course, that it was unlikely the case would not be dismissed. He has become practiced in predicting these things. He knew there was a slim chance the complaining witness would show up to court that morning–he told me that weeks ago. It doesn’t matter how good his predictions are though, he always does the work as if there is a 100% chance the hearing will take place with all parties present. If there is one thing I have learned about Chris, it is that the absolute last thing he will ever be is under-prepared. It’s the reason he gets to spend that 10% of his time winning.

I asked him, later that day, if he is ever just slightly disappointed when he does not get to argue the cases he prepares so diligently for.