Brian O’Connell Discusses How to Prepare for an Estate Trial

Brian O'Connell, Estate Trial Lawyer of West Palm Beach

July 28, 2020

Brian O’Connell has handled many trust litigation lawsuits over the years and fully understands the type of evidence you need to prove your case. Following his case preparation tips can ensure that you are fully anticipating the unique demands that may be put on you in this case. Remember – a preponderance of evidence is critical, meaning you need more than your opponent.

Brian O’Connell Examines Common Preparation Tips

When you plan on bringing a litigation lawsuit to trial, Brian O’Connell suggests that you know what evidence you have before you begin. Too many people don’t prepare properly, Brian O’Connell trust litigation lawyer west Palm Beach says, and try to get proof after they start the trial. Such an approach is doomed to failure, Brian O’Connell says, because you’ll have no time to collect and present it.

The type of evidence that you should gather includes the original trust agreements, communication between you and the other party, and recordings of conversations. Brian O’Connell knows that recordings may be a tough thing to get for some. However, Brian O’Connell trust litigation lawyer Palm Beach also knows that an agreement’s audio recording can also help make these cases stronger.

Just as importantly, Brian O’Connell stresses talking to witnesses to the agreement and discussing what they know and what they can say. These individuals cannot be coached, but you can talk to them about what they know. Brian O’Connell believes it is critical to make sure you get the right paperwork from your state’s justice department, which varies depending on the state in which you live.

Handling Your Case on Its Trial Date | Brian O’Connell

When your case date comes up, Brian O’Connell suggests dressing nicely and taking care of yourself. Read up on proper court etiquette with Brian O’Connell trust lawyer west Palm Beach or other lawyers to learn more about how you can behave. Remember – you cannot talk out of turn, or you can end up in contempt of court, Brian O’Connell says, and get fined and even receive some jail time too.

Next, Brian O’Connell suggests talking with your lawyer about your plan of attack and how they plan on adjusting to changes in strategy. For example, the defendant may have testimony from one person that directly contradicts another, stating that you agreed on specific will terms that you did not. In this scenario, Brian O’Connell, trust lawyer Palm Beach, suggests finding weak points in that person’s testimony.

The biggest step to take, Brian O’Connell says, is to present your case as best as possible and to use information that adequately proves your case. Avoid conflicting testimony, read through the will and trust multiple times before the trial, and learn about legal concepts like “binding terms” and “undue influence” to get a better idea of possible defenses.