"Conventional wisdom would dictate you play the percentages, and if most cases settle, why prepare them as if they may go to trial? There is a misunderstanding underlying this approach, which reveals a paradox. The paradox is that if you treat every case as if it were going to trial, you're more likely to settle them on favorable terms, less likely to try these cases, and if you do, are more prepared to try them if they go."
"but some wait too long to develop them and and then try to make all the discovery from the case fit into a trial theme or a trial theory on the eve of trial. Evaluate, consider, and test trial themes and theories from day one to determine which ones work best for your facts and the law (namely, the jury instructions). If you wait too long, it'll feel like squeezing a square peg into a round hole."
"Do the following at the inception stage: Consider what exhibits and demonstratives you'll use at trial. Almost every trial has exhibits and demonstratives to assist the jury in understanding your case and seeing the case through your prism. What documents will you show the jury? What photos? Videos? Audio? E-mails? Text messages? Who will introduce them? Discuss them? Show their relevance? Their importance? And what demon"
Approach every case from the outset as if it will go to trial. Reviewing jury instructions early frames legal parameters and reveals necessary special instructions. Develop and test trial themes and theories from day one so discovery aligns naturally with trial narrative. Identify exhibits and demonstratives early, including documents, photos, videos, audio, emails, and texts, and plan who will introduce and explain them. Early trial-focused preparation increases leverage in settlement negotiations, raises likelihood of favorable settlements, reduces the need for trial, and ensures readiness and confidence if trial becomes necessary.
Read at Above the Law
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