Feeling ambushed? Try the Red Team


DV Tip of the Week

5 MIN READ

If only you knew what they were going to do, you could plan for it.

Team effort

Ever been in the middle of trial and felt like you got ambushed by the defendant, the defense attorney, and your victim? Here is a way to avoid that feeling.

Red Team

The military sets up scenarios where a team will be built for the soul purpose of exposing flaws in a military plan. The Red Team will try everything possible to ruin the plan of the Blue Team to expose weaknesses in the plan. The plan then changes and the scenario is run through again, until all the weaknesses are eliminated.

This is not about destroying egos. It's about recognizing a weakness in a case and overcoming it. A good Red Team will come up with even more potential flaws than your defense attorney. When the defense tries to exploit a part of your case in trial, you will be confident and ready with your response.

How to Red Team your case

Gather the rest of your team for a weekly meeting. You take turns presenting your upcoming trial as you see it unfolding. The other team members take the role of the red team. They think of every possible way your case could go wrong. Do this with a trial that is coming up a few weeks away so you have time to adapt to everything the red team brings up. Once you've finished your case, the next team member presents theirs and you become part of the red team.

Red Team in action

Here is a real example of how this process can help.

DA: So I will introduce the 9-1-1 call.

RT: How are you going to do that?

DA: This defense attorney always stipulates to it.

RT: What if he doesn't?

DA: He always does.

RT: But what if this time is different. What's your plan?

DA: Uh...

RT: You need to fix that. Get the dispatcher or custodian of records lined up. Even if you just place them on call. Have them ready.

DA: Got it. Next, I will...

No Red Team?

Grab a senior prosecutor or trusted colleague. This is not about destroying egos. It's about improving cases.

Want some help in this area? Reach out to me and let's work on some solutions.

Email me: gfineman@dvtrainandconsult.com with any questions.

The legal stuff

The DV Tip of the Week does not constitute legal advice and is designed to inspire thought around best practices in addressing intimate partner violence. No lawyer client relationship exists through use of DV Training Tips and the user is responsible for verifying the current nature of any point of law.

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DV Blueprint-The proven process for success in domestic violence prosecution

A career prosecutor with over 33 years experience prosecuting and training criminal justice professionals in the proven tactics to handle domestic violence cases independent of the need for survivor participation. Nationally recognized speaker with two lifetime achievement awards I can train and coach for success.

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