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29 Both the witness and attorney should be prepared to discuss final details and go over very specific questions based on the knowledge gained during preparation. Moreover, this final meeting usually cements whether settlement options should be considered based upon the facts and evidence of the case. described in a pre-trial exhibit list. Given the court is required to weigh the prejudicial nature of an evidentiary challenge due to late production or new evidence, the earlier the production of the evidence, the better chance of overcoming the objection. HOLD ADDITIONAL ATTORNEY- WITNESS MEETINGS While not always necessary, it is advisable in most cases to hold additional attorney- witness preparation meetings prior to the trial. At a minimum in a contested matter, a second preparation meeting should be held just prior to trial. As discussed above, the previous meeting should have occurred early in the trial preparation, and it could have been a month or more since that meeting. At this point in the preparation, it is more likely that all documents have been fully identified, a trial strategy has been developed, and each exhibit has an assigned purpose. Further, both the witness and attorney should be prepared to discuss final details and go over very specific questions based on the knowledge gained during preparation. Moreover, this final meeting usually cements whether settlement options should be considered based upon the facts and evidence of the case. Often, as a delay tactic, opposing counsel in a default case wait until the eve of trial to attempt to settle, and it is important for the witness to have appropriate authority to settle the case, when appropriate. CONCLUSION It is usually the goal of any party to avoid trial. Whether through settlement or pre-trial motion practice, resolving litigation without trial is an excellent way to avoid both cost and risk. However, if trial is required, preparation is of the utmost importance to ensure the attorney and witness can work in tandem as a team. e difference between failure and success in a trial generally comes down to a matter of one or two questions or exhibits. By preparing appropriately, the chances of success can be greatly increased. "Preparation is the be-all of good trial work … improvisational brilliance is a satellite around the sun. orough preparation is that sun."—Louis Nizer. Jane Bond is the Managing Partner of Florida Litigation at McCalla Raymer Leibert Pierce with over 30 years' experience in all areas of mortgage servicing litigation. Bond serves on the advisory board of the Legal League 100 and enjoys speaking on panels, writing articles, and holding trainings to help educate those in our industry. Curtis Wilson is an experienced litigator at McCalla Raymer Leibert Pierce handling mortgage servicing trials throughout Florida in both Federal and State Courts. He is excellent in working with witnesses on trial preparation and enjoys being in the courtroom.

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