The easy cases are typically resolved early on. They settle or are decided by motion. Difficult cases are the most likely to be tried. In preparing for trial, one unfortunate reality is that you are likely to have some bad facts and are likely to have a few witnesses who you know are not going to impress the jury. Wishful thinking—such as hoping your adversary will not know your case has real problems—is not a good strategy. This article shares some thoughts on how to address the warts in your trial proofs.

 Embrace the Ugly

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