La. Admin. Code tit. 22 § XV-737

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-737 - Counsel's Duty of Trial Preparation

A. The decision to proceed to trial with or without a jury rests solely with the client. Counsel should discuss the relevant strategic considerations of this decision with the client.

B. Where appropriate, counsel should have the following materials available at the time of trial:

1. copies of all relevant documents filed in the case;

2. relevant documents prepared by investigators;

3. voir dire questions;

4. outline or draft of opening statement;

5. cross-examination plans for all possible prosecution witnesses;

6. direct examination plans for all prospective defense witnesses;

7. copies of defense subpoenas;

8. prior statements of all prosecution witnesses (e.g., transcripts, police reports) and counsel should have prepared transcripts of any audio or video taped witness statements;

9. prior statements of all defense witnesses;

10. reports from defense experts;

11. a list of all defense exhibits, and the witnesses through whom they will be introduced;

12. originals and copies of all documentary exhibits;

13. proposed jury instructions with supporting case citations;

14. where appropriate, consider and list the evidence necessary to support the defense requests for jury instructions:

15. copies of all relevant statutes and cases; and

16. outline or draft of closing argument.

C. Counsel should be fully informed as to the rules of evidence, court rules, and the law relating to all stages of the trial process, and should be familiar with legal and evidentiary issues that can reasonably be anticipated to arise in the trial.

D. Counsel should decide if it is beneficial to secure an advance ruling on issues likely to arise at trial (e.g., use of prior convictions to impeach the defendant) and, where appropriate, counsel should prepare motions and memoranda for such advance rulings.

E. Throughout the trial process counsel should endeavor to establish a proper record for appellate review. Counsel must be familiar with the substantive and procedural law regarding the preservation of legal error for appellate review, and should insure that a sufficient record is made to preserve appropriate and potentially meritorious legal issues for such appellate review unless there are strategic reasons for not doing so.

F. Where appropriate, counsel should advise the client as to suitable courtroom dress and demeanor. If the client is incarcerated, counsel should be alert to the possible prejudicial effects of the client appearing before the jury in jail or other inappropriate clothing. If necessary, counsel should file pre-trial motions to insure that the client has appropriate clothing and the court personnel follow appropriate procedures so as not to reveal to jurors that the defendant is incarcerated.

G. Counsel should plan with the client the most convenient system for conferring throughout the trial. Where necessary, counsel should seek a court order to have the client available for conferences.

H. Throughout preparation and trial, counsel should consider the potential effects that particular actions may have upon sentencing if there is a finding of guilt.

I. Counsel shall take necessary steps to insure full official recordation of all aspects of the court proceeding.

La. Admin. Code tit. 22, § XV-737

Promulgated by the Office of the Governor, Public Defender Board, LR 35:669 (April 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.