Our Strategy for Success
We undertake a systematic approach to all litigation to ensure that your case is thoroughly prepared for trial. Our system is sophisticated enough to handle complex litigation in federal court and simple enough to handle uncomplicated litigation in any state court. We’ve earned our successful reputation by learning what strategies work over the years. Many hours go into every case before it reaches trial, and a lot of that work happens outside of the courtroom. Our dynamic team of professionals work together to provide you with the best customer service, professional legal advice, and courtroom results. The following is a summary of our approach to preparing your case for trial:
Preparing Your Case for Trial
Fact Investigation and Development
- We obtain all pertinent facts from you, including the names of all key witnesses, what they will testify to, and what evidence they can produce.
- We identify the location of all physical evidence and secure it.
- We take immediate steps to find and preserve evidence that you cannot locate or secure.
- We obtain statements from all friendly material witnesses to safeguard their testimony and to help them refresh their memories for deposition or trial.
- We probe the weaknesses in the facts of your case and anticipate counterclaims or cross-suits.
Analysis & Strategy
- We prepare an issue analysis memorandum, setting forth the legal findings necessary to make out your cause of action or to support your defenses given the facts of your case.
- In particular, the issue analysis memorandum lists all the legal elements of your case, together with the ultimate facts to be proven and the evidence to support each legal element and ultimate fact.
Case Assessment
- We discuss with you the factual and legal basis of your claim or defense, including the likelihood of success.
- Our discussion will include an assessment of any damages, liability, and other potential problems of your case and an identification of all the potential plaintiffs and defendants to the litigation.
- We discuss with you to what extent you will need expert testimony to support the law and facts of your case.
Commencement of Your Case
- Once we file your claim and answer, we immediately commence written discovery and, when appropriate, request that the court set your case for trial as soon as possible.
- Our written discovery consists of tailored questions and requests for production of documents sent to the opposing party to gather additional information to support the ultimate legal issues and facts of your case.
Depositions
- Once we have gathered sufficient facts from our discovery and interview of witnesses, we take the deposition of the opposing party, attempting to destroy the testimony by showing that it contradicts other evidence favorable to your case.
- Your deposition will be taken by the opposing party; however, we will thoroughly prepare you for your deposition.
- We then take the depositions of all material witnesses to your case with the intent to destroy the testimony of adverse witnesses and establish the ultimate facts favorable to your case.
Expert Testimony
- After retaining an expert witness, we provide your expert with all evidence necessary to support the expert’s opinions at trial.
- We consult with the expert to focus his or her opinions toward the ultimate legal issues and facts and to obtain the expert’s help in undermining the testimony of any experts retained by the opposing party.
- We take your expert’s deposition for use at trial or have your expert appear at trial to give live testimony.
- We take the deposition of every expert hired by the opposing party, so that we can undermine the credibility of the expert, learn what admissions the expert may be willing to give, and discover information that will allow us to impeach the expert and his or her testimony at trial.
Final Discovery
- We review all the evidence gathered to ensure that we have established the evidence necessary to support your cause of action. In addition, we review to ensure that we have laid the foundation for the introduction of that evidence.
- We file requests that the opposing party admit to material facts favorable to your case, including the genuineness of certain documents.
Pre-Trial Motions
- When appropriate, we prepare and file with the court a motion for summary judgment on those issues in which we believe there is no genuine issue of disputed fact. We request that the court rule in our favor on those issues.
- We prepare and file motions to prevent the opposing party from introducing and stating items that are irrelevant, inflammatory, or prejudicial to your case.
If you have any questions or wish to set up an appointment to discuss your case, call us anytime at 417-882-5858 or email us for more information. For caring, experienced, and compassionate legal representation, contact our offices to arrange a confidential consultation.
