War Room · Crisis room
The Night Before Trial
A four-day trial begins at 10:00 on Monday, and the evening brings seven problems.
It is Sunday, 18:00. You are the senior associate running the team for Bexley Components, which is defending a claim by Orrin Supplies, a former distributor that says Bexley ended their contract unlawfully and claims 1.9 million. The trial begins at 10:00 tomorrow and is listed for four days. Lead counsel, Tobias Wren, is travelling and will reach the office at 21:00. Bexley's chief executive, Hallam Pike, will be in court. Every document is in the bundle, the witnesses are booked, and the team has been working for three weeks. Tonight, things start to go wrong.
Who is on the call
- Hallam Pike, Bexley's chief executive (your client)
- Tobias Wren, Lead counsel, arriving at 21:00
- Elin Marsh, Bexley's sales director, the key witness
- Dr Priya Nandakumar, Your expert, a forensic accountant
- Corin Ashby, Orrin's lawyer
The court's rules in this exercise (invented)
You do not need any outside knowledge. This is the rule you must apply, and it is printed beside every step.
- A lawyer must not pressure, reward or coach a witness to change evidence, and must not discourage a witness from attending. A lawyer may explain a witness's duties and the court's powers, and may ask why.
- A witness can be required to attend by a summons. If a witness cannot attend for a good reason, the court may allow a written statement or evidence by video link, and may adjourn only where refusing would cause real unfairness.
- An expert's duty is to the court. An expert who finds an error in a report must correct it and tell the court and the other side promptly.
- A lawyer who receives something that is obviously privileged and was sent by mistake must stop reading it, tell the other side promptly and not use it, unless the court permits.
- Every settlement offer must be passed to the client, who decides. A lawyer may advise, but may not accept or reject without instructions.
- A lawyer must not mislead the court, including about what the evidence will be.
What can be lost
- Credibility with the court: Whether the judge can rely on what you say and what your witnesses say.
- Your client's case: How strong Bexley's position is when the trial starts.
- Your team and your standing: Whether you and your team are fit to run four days of trial, and whether your own conduct stays beyond criticism.