One of the first things a lawyer should do when preparing a case is to review the relevant jury instructions. This may seem counterintuitive since jury instructions are one of the last things that a jury will see before deliberations. Yet your case narrative needs to be consistent with the instructions of law that will be presented to the trier of fact.

The first place to start is by reviewing the applicable Model Jury Instructions. A copy can be found in most law libraries. Model Jury Instructions are not likely to be contested so long as they are relevant. An added benefit of identifying relevant Model Jury Instructions is that they typically cite the case law from which the particular instructions derive.

Keep in mind that in civil cases, there may not be applicable Model Jury Instructions for every point of law you want explained to a jury. In this case, when drafting and presenting a proposed jury instruction for the court to consider, make sure to have copies of the case law you have relied upon.