Will Drexler, Brian Malone:
Experienced Trial Attorneys
On an early spring morning with freshly fallen late-season snow on the ground, two Law Clinic interns walked up the steps to the Shawnee County District Courthouse, ready to begin a jury trial. The students, Brian Malone and Will Drexler, had spent the preceding days putting the final touches on their trial preparation. They had spent a great deal of time with their supervisor, developing trial strategy and working on methods to carry that strategy through. Hours were spent analyzing police reports and fine-tuning cross examinations of expected witnesses. Brian and Will had researched legal issues they anticipated might come up at the trial and had practiced arguments on motions in limine that would be heard just before empanelling the jury. After developing a theory of the case that would be woven into all aspects of the trial, including the opening statement and closing argument, both interns felt prepared, albeit with some anticipatory jitters.
After the motions in limine were heard in chambers, both students and their client were introduced to the prospective jurors by the judge in open court. During the jury selection process, called voir dire, Will Drexler had the opportunity to question the prospective jurors about matters that might shed light on their ability to sit as sworn jurors on this case. Once the jury was selected, the trial proceeded rapidly. Brian Malone delivered the opening statement, highlighting for the jury what facts they would see, and what facts they wouldn't see, when witnesses testified and evidence was introduced.
The witness examinations proceeded substantially as planned, thanks to the exceptional preparation of both Brian and Will. However, trials seldom proceed without surprises and this case was no exception. Some complicated legal issues arose during the conference on jury instructions (a proceeding not addressed much in law school classes).
As the day of trial neared its end, attorneys for both sides delivered closing arguments. Brian argued on behalf of the Clinic's client. Due to the late hour, jury deliberations didn't begin until the next morning. Another aspect of trial that Will and Brian were exposed to that's not discussed much in law school is what it's like to wait for hours while a jury deliberates and how to address legal issues presented by questions from a jury to the court.
If you're curious what it was like to conduct a jury trial while still in law school, talk to Brian Malone and Will Drexler about their experience in the Law Clinic. They did an outstanding job on behalf of their client and deserve congratulations.
