Preparing to exceed the burden of proof and maximizing damages begins at client signup. The defense counsel has a head start. From the moment of loss, the defendant has secured or destroyed evidence, interviewed witnesses, researched the client, developed theories of defense, comparative fault, and otherwise played five or six key chess moves before plaintiff counsel even knew they were in the game.

Assuming the defendant is tireless and meticulous in its work is the only safe and essential assumption plaintiff counsel should make when preparing a case. Regardless of the cause of action, assume that the plaintiff and every friendly known witness has a history that, if known, will adversely affect the ultimate outcome. Until proven otherwise through the use of public records and interviews, all of which should occur pre-suit outside of formal discovery, remain vigilant in learning everything to know about the client and witnesses that may be called on throughout the litigation. Background checks, civil, criminal and family court files all will either confirm a cautiously optimistic impression of the plaintiff, or prepare to deal with the collateral—usually irrelevant, but always distracting—attacks upon the person of your client when the time comes. The same exercise is performed upon all anticipated defendants.

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