Summer 2023 | Page 23

continuing to focus on other case-related matters . Moreover , if during trial , a witness testifies in such a way it is no longer necessary for the first-chair counsel to question them , the second-chair counsel should offer feedback advocating the first-chair counsel not crossexamine the witness .

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Don ’ t Overstep
Although it is important for both the first- and second-chair counsel to communicate and voice their opinions with one another , both parties should understand their particular roles and responsibilities and not overstep these roles . If the first-chair counsel assigns the second-chair counsel a particular witness assignment , the first-chair counsel must trust their co-counsel and allow them to examine the witness according to their co-counsel ’ s particular style . Equally , second-chair counsel should be mindful of their particular assistance role and be deferential to the firstchair counsel ’ s trial , and trial preparation , plans . When both parties are respectful and courteous towards one another , it fosters an environment where each attorney can be comfortable , feel appreciated , and most importantly , provide value to the case .
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Conclusion
Turning back to the afternoon before your contentious trial . Fortuitously , you and your co-counsel collaborated together , communicated with one another , and effectively divided trial preparation responsibilities . Your co-counsel quickly responded to the opposing counsel ’ s motion and you were able to finish your trial preparation assignments . The next day , you and your co-counsel enter the courthouse as a team , fully prepared to address all trial items and present your best possible case .
Jonathan J . O ’ Konek Assistant United States Attorney , United States Attorney ’ s Office , District of North Dakota , Bismarck , North Dakota . The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of the Department of Justice , the United States Attorney ’ s Office for the District of North Dakota , or any agency of the United States government .

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