Case Assessment – Assess all facts in a non-biased way
Identifying Themes – This case is about…, active voiced bullet points
Investigation – Know what to do / when, to do it / then do it
Discovery – Use the Tools
Depositions – Lay Witnesses / Taking / Defending
Depositions – Experts / Taking / Defending
Depositions – For Perpetuation of Trial Testimony
Depositions – 30(b)(6)
Interrogatories – For Discovery as well at Trial
Requests for Production – For Discovery as well as Trial
Request for Admissions – For Discovery as well as Trial
ESI – Electronic Metadata – Asking for it / Utilizing it / Preserving it
Key Documents – Know what to hunt for / Know how to use what you find
Experts – Make your Great Expert a Great Witness
Proof Checklist – When to Start / How to Use
Trial Notebook – When to Start / How to Use
Summary Judgment Motions – To win / To flesh out opponent’s case
Settlement Negotiations – To settle / To flesh out opponent’s case
Mediation – To settle / To flesh out opponent’s case
Motions In Limine – Anticipating / Preparing, / Using / Enforcing
Trial Briefs – Get the Judge on Your Side
Opening – Highlight your story
Exhibits – Move them into evidence / Use them effectively
Jury Voir Dire – Cull out the bad / Tell your story)
Direct Examination – Preparation is everything / Make it elegant / Tell your story
Cross Examination – Control the Witness / Still be the nicest person in the courtroom
Objections – Make them / Defending them
Use Your Team – Start to Finish
Presence in the Courtroom – Be memorable / Be authentic
Interacting with your Judge – Read Judge’s signs and signals / Know when to open your mouth / Know when to close it
Closing – Bring it home