Going first at trial, plaintiffs lawyers have a delicate balance to strike when it comes to anticipating arguments or bad facts that defendants might want to introduce when it’s their turn. Ignore the rough stuff, and you risk losing credibility with the jury when the defense introduces material you appeared to gloss over. Give all that too much air time and you risk reinforcing your opponent’s best arguments.

Rosalyn “Sia” Baker-Barnes of Searcy Denney in West Palm Beach, Florida and Bibi Fell of Fell Law in San Diego laid out some of their strategies for dealing with that conundrum during a presentation this week sponsored by the ABOTA Foundation about putting together a case from a plaintiff’s perspective. 

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