Have you ever lost a client after doing exactly what you had initially agreed upon; failed to land a new client, and you later realized that you had not understood what the client wanted? Or obtained what you thought was a good result for a client, only to have the client be disappointed or even angry? If so, continue reading.
Litigators often pride themselves in being aggressive and vigorous in both the prosecution and defense of cases. As litigators who focus on the courtroom, we begin work on every case with an eye toward how the case will try. Who will perform well in deposition? Who won’t? What documents are key? What privileges need to be asserted? What judge has the case been assigned to? Who is our opponent and what is their track record like? What are the claims and defenses? Should we bring counterclaims? Who should we subpoena? What does the jury pool look like? What motions in limine should we be considering? What motions in limine should we be worried about? What are our themes that we want to carry through—and do the themes we developed early on still work now that the evidence has been developed? These are, of course, valuable considerations, and the stuff of every good and prepared trial lawyer.
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