The Tsongas Case Strategy process

The case strategy session is a collaborative, one or two-day process that focuses efforts on the development of the case narrative, themes, and language that will effectively arm and motivate the trier of fact. The day’s agenda is altered to meet the particular needs of mediation, arbitration, bench trial, or jury trial. The session is designed to:

  • Identify central case strengths and weaknesses, focusing on how to successfully integrate them into the case narrative
  • Develop a compelling case theory and persuasive themes
  • Outline the strongest and most critical case story elements
  • Plan persuasive demonstrative exhibits
  • Focus discovery efforts on key issues
  • Create a detailed “10-point” story that organizes the case preparation and presentation
  • Assess additional needs in the form of recommendations and an action plan

Purposeful direction for trial strategy

Case strategy consultation enables counsel to obtain reactions and recommendations from an experienced trial consultant in a cost-effective way. Case strategy consultation sessions can focus on any of several objectives:

  • Achieving perspective on how a case will be received by jurors at trial
  • Developing effective case themes and trial strategies
  • Assessing key strengths and weaknesses of the case
  • Outlining effective opening statement and/or closing argument
  • Making improvements in presentation style and trial visuals
  • Examining special issues or unique circumstances in a case

The earlier the better

Case strategy consultation is most beneficial in the early stages of trial preparation and may guide subsequent research and consulting, but counsel can benefit from such analysis and feedback at any time during the litigation process. Sessions are typically scheduled for four to six hours.

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