Joe stood up and spoke to the judge. "My Lord, yesterday the jury had a book of documents and photographs to consider as the plaintiff and her husband gave their evidence. Today the plaintiff wishes to tender a book of medical documents prepared by her family physician, her physiotherapist and her chiropractor. The book of documents also includes x ray reports and consultation reports prepared by specialists who have seen her since the accident.

The judge looked at the defence lawyer. "Ms. Richards have you seen this book of documents? Do you have any objections to it being put in front of the jury?" She stood up. "My Lord, I have discussed these with my opponent," Ms. Richards replied. "We have both reviewed the law and I agree that the documents he is tendering can be seen by the jury. We have also agreed on the purpose for which the jury can use them."

"Excellent," said the judge. "Mr. Ross, what have you and Ms. Richards been able to agree upon?" "Thank you My Lord," Joe said, "the documents are clinical records kept by the treating professionals who have seen my client. The law sets out the purpose for which these can be used by the jury and Ms. Richards and I agree that the jury can use them in the following manner:

• clinical observations made by the doctors are facts and can be accepted as such by the jury;
• treatments prescribed are facts as well; and
• statements made by my client and recorded by the doctors are admissible for the fact that she said them but it must not be automatically accepted that her statements are true."

"Very well," said the judge. "The book of medical documents will be marked as the next exhibit and admitted in to evidence in this trial." The judge looked at the jury. "Ladies and gentlemen," he began, "the lawyers have agreed that this book of documents can be used by you in determining the extent of the plaintiff's injuries. If there was disagreement on this point I would have excused you from the courtroom while they argued about whether the documents could be used at all and if so, the purpose for which they could be used. As it is, I am asking the clerk to put a copy of the book before you as evidence in this trial."

A trial is a battle. Often, the lawyer must fight every aspect of the lawsuit. However, it is possible to reach agreement on some issues in the trial even while fighting others. A skilled trial lawyer will reach agreement where possible. It reduces the uncertainty and the length of a trial. We will do so if we can, but only if it is supported by the law of evidence and in your best interests. A trial is about your future. And we care about your future.