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When to begin trial preparation
A central hazard of this profession arises from the fact that most cases never go to trial, and that plea bargains and settlements are the rule rather than the exception to these kinds of cases..1 As a result, many attorneys spend their time busily pursuing discovery and settlement, reluctant to devote time to careful planning for the trial that is unlikely to occur. Many times such attorneys are fortunate, and reinforced for taking this gamble—their case does not, in fact, proceed to trial. But, too often, settlement talks fail, offers on the table from the other side are non-existent or patently unsatisfactory, and going to trial is the best option for the client. And attorneys, in such cases, find themselves dangerously underprepared.
Trial Analysis Group feels strongly about preparation in these matters. In fact, we frequently reject a case if the anticipated date of trial is less than six months away. We believe that the investment of time, money, and energy called for in trial preparation serves the best interests of the client. Focusing on a case in order to prepare for trial is excellent preparation for settlement talks and for bargaining not only “in the shadow of the law” but also with some insight about the outcome likely to be obtained when jurors rather than lawyers consider the case.