Attorney at Law
P
racticing Law in Maryland, Washington, D.C., and Virginia

PRETRIAL PREPARATION
DELIVERING YEARS OF IN-DEPTH CRIMINAL DEFENSE EXPERIENCE
Never Prosecuted - Never Will
- FELONIES AND MISDEMEANORS IN STATE AND FEDERAL COURTS (TRIALS AND APPEALS)
- DRIVING WHILE INTOXICATED / DRIVING UNDER THE INFLUENCE
- DRUG DEFENSE (ALL DRUGS, INCLUDING COCAINE, MARIJUANA, AND PRESCRIPTION DRUGS)
- COURTS MARTIAL / MILITARY PROSECUTIONS
PARTNER JON KATZ: PROVIDING AGGRESSIVE CRIMINAL DEFENSE SINCE 1991
TOP-RATED BY WASHINGTONIAN MAGAZINE
AV-RATED BY MARTINDALE-HUBBELL
NATIONALLY-RECOGNIZED BY MAJOR MEDIA
THE NEWS TURNS TO JON KATZ AGAIN AND AGAIN FOR HIS CRIMINAL DEFENSE EXPERIENCE, INCLUDING:
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(These news items covered our criminal defense partner Jon Katz's legal analyses of the Washington sniper trial, the Sami al-Arian trial, the Kobe Bryant trial, drug defense, child pornography defense, and obscenity defense; and Jon Katz's defense of the Plowshares case.)
TRIAL SUCCESS DEMANDS PREPARATION, STRATEGY,
AND PERSUASION SKILLS
Pretrial preparation starts with jury instructions, Rench's idea book, closing argument, and the jury.
By Jon Katz
Like most effective planning, one needs to work backwards from the anticipated jury instructions if a criminal case is to go to a jury, and with the applicable law if the case is to be a bench trial. This way, the criminal defense lawyer starts with the roadmap to preparing all parts of the trial.
The living legendary trial law teacher Steve Rench of Denver, advises to have a separate idea notebook for each client. The idea notebook should be in a small three-ring binder or on a computer, for ease of adding new ideas as they develop, wherever and whenever they develop.
Steve recommends dividing the idea notebook into the following tabbed sections: To Do/Planning; Law/Legal Theories; Facts/Factual Issues; Ideas; Discovery Planning; Attack Opposing Case; Strategy; Jurors' Perspective; Analysis; Theory of Case; Story; Arguments; Voir Dire; Opening Statements; Prosecution Witnesses; Defense Witnesses; and Closing Argument.
As the trial lawyer develops the case, it becomes important to work backwards from the closing argument, as well. The closing argument will relate the defendant's case through a persuasive story that will be told throughout trial, from voir dire to opening to direct and cross to closing argument. This is not trial advocacy class; this is your opportunity to persuade.
If yours will be a jury trial, be jury-focused every step of the way. Do not be saddled with the stilted language and reasoning of law school. Juries tend to want to solve problems, even if that means deviating from legalese jury instructions. Give the jury a reason to sympathize with your client, and to find a way to fill in the blanks to help your client.
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jon[at]katzjustice[dot]com
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JONATHAN L. KATZ (Admitted in MD/DC/VA
state and federal courts, and the U.S. Supreme Court) Se habla español. On parle français.
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