strategic trial consulting

The Winning Litigator® will help you tackle the litigation planning challenges presented by a particular case or cases. We can consult with you early in the case, pre-discovery; after discovery has concluded; on the eve of trial; during trial; or at any other point in your preparation where you’d like to have an edge over your opponent. The work we do together might involve fine-tuning certain aspects of the litigation, or in some instances, a complete overhaul of aspects of the case that require substantial revision. Our goal is to maximize your ability to present your case at trial by developing a more refined trial strategy.

What is the advantage to using The Winning Litigator® as your litigation consultant?  You’ll get fresh sets of experienced eyes for your case. With more than 25 years and tens of thousands of litigation hours under our belt, and a creative and persuasion strategy-based approach to litigation, we can formulate a strategy for working through virtually any trial challenge to devise solutions to maximize your communication with mediators, jurors or the trial judge.

This litigation and trial consulting is flexible, suited to your needs and our schedules. We can come into your firm to work with you on a single case — on a single occasion, or on multiple occasions over the period that the case is in litigation. We can monitor a group of cases with you at your firm at weekly or monthly case management meetings. Alternatively, you can retain us to provide ongoing Litigation and Trial Consulting as your needs arise.  There is no challenge too big or too small.

If you’ve got a litigation challenge you’d like to discuss, the best time to start is now.  Contact us for a free, no-obligation consultation, and let us explain how we can help you maximize the opportunities to win your case.

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Frequently Asked Questions

Strategic Trial Consulting is the process of working with your law firm to find solutions for the challenges you’re facing with a particular case, or a group of cases. This consulting can take place early on in the case — pre-discovery; during discovery; after discovery has concluded; on the eve of trial, and even during trial. The work might involve fine-tuning certain aspects of the litigation or trial, or, in some instances, a complete overhaul of aspects of the case that require substantial revision.
Yes. A key advantage of strategic litigation consulting is that it helps to better position you to make a case to opposing counsel, the judge reviewing summary judgment motions, or a mediator. With your pretrial work, you send an effective message to your opposing counsel that you are prepared for trial, and that you will win. This can provide a significant advantage in the negotiation process toward settlement. If trial becomes a necessity, you will be more confident in the work you’ve done.
Yes. we are able to consult with firms with ongoing litigation practices at periodic agreed-upon intervals. There is tremendous advantage to the law firm using this approach — because a fresh set of experienced outside eyes is a critical resource as you prepare your cases for settlement or litigation. We are also available, on a retainer, to work with firm attorneys regarding small problems that arise in their cases to brainstorm how best to solve them.
Our rates vary and depend on the nature of the consultation, the time it takes, the needs of the law firm, and any deadlines or emergent circumstances. Of course, some services in extremely complex matters will be more costly than those involving much simpler issues or cases. But we’re very good at being able to tailor our services to fit almost any budget.
It’s important for attorneys to be flexible in their approach as they develop their case and move toward trial. Unfortunately, because of the time spent in preparation, we sometimes become entrenched in aspects of our cases that aren’t working. Strategic Litigation Consulting provides our fresh set of experienced eyes on a challenge you face, enhancing a solution. Our goal is to maximize your ability to persuade judges, juries and mediators of the strength of your case. In some instances, with only simple course corrections, your law firm will be able to better prepare for trial, and communicate better with the jury or judge, as a result. If you take the opportunity to explore what persuasion strategies will work best, you will almost undoubtedly have an edge over your opponents.
It varies from case to case. We can meet with you and your firm on an ongoing basis at periodic intervals to assess the direction of a case, and to help define action requirements. In more immediate circumstances, we can assist you with last-minute preparations which may take more concentrated time, over a shorter interval.
We can assist you with all aspects of witness preparation. As you know, some witnesses are more challenging to prepare than others. Often, this is because the witness and attorney doing the preparation are coming at the litigation process with different goals and learning methods. We can help you break through to even the most difficult witnesses so they can shine at your trial, and provide your case the evidentiary support you require.

Expert witnesses pose different challenges than fact witnesses. We can work with your team and an expert witness to develop persuasive presentations of findings and opinions to maximize the effectiveness of your expert’s testimony.

Yes, we are a Member of the ASTC. We also contribute articles regularly to one of their publications, the “Redwell.”

SCHEDULE A FREE CONSULTATION about strategic trial consulting services

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