Own the Record: Why Trial Attorneys Must Lead on Jury Instructions and Pretrial Statements

Trial advocacy demands attention not only to persuasive openings, witness examinations, and closing arguments, but also to the meticulous preparation of documents that frame the entire proceeding.

Among the most critical of these are joint pretrial statements and jury instructions. Attorneys who take the lead in drafting both filings secure strategic advantages, protect the record, and demonstrate a level of professionalism that courts expect from seasoned litigators.

Shaping Outcomes with the Pretrial Statement

The joint pretrial statement is the court’s map for trial. It defines the issues, witness lists, exhibits, and stipulations, and frequently becomes the touchstone for rulings during trial. Too often, litigants consider preparing the pretrial statements as an afterthought in the pretrial process.

Taking ownership of the draft gives counsel the ability to narrow disputes, highlight strengths in the evidentiary record, and lock opposing parties into clear admissions or stipulations. Prepared with care, the pretrial statement not only streamlines the proceeding but also signals to the judge that counsel is organized, efficient, and trial-ready.

Leading on Jury Instructions

Jury instructions are the framework through which jurors understand and apply the law. Their clarity—or lack thereof—often determines how effectively a client’s case is communicated in the jury room. By spearheading the drafting process, trial counsel can ensure that the legal standards are accurately stated, adapted to the facts of the case, and favorable to the client’s theory.

Drafting instructions early forces lawyers to sharpen their trial strategy, identify evidentiary gaps, and anticipate affirmative defenses. Moreover, well-prepared instructions reduce the risk of confusing or reversible error, protecting the record for appeal. Delegating this responsibility to the court or opposing counsel concedes control at one of the most sensitive points in trial.

Professional Advantages for Litigators

For trial lawyers, leadership in these tasks reflects more than diligence; it exemplifies strategic advocacy. Courts quickly recognize which attorneys have command of the record, and that recognition can influence discretionary rulings and shape the dynamics of trial.

Opposing counsel, in turn, perceive a readiness to litigate every detail, which can alter settlement posture as trial approaches.

In short, leading the preparation of pretrial statements and jury instructions is not administrative busywork—it is an indispensable step in effective trial practice. Trial attorneys who approach these filings with precision and initiative consistently position themselves, and their clients, for stronger outcomes.