STRATEGY: EFFECTIVELY ARM THE TRIER OF FACT
Case strategy consultation offers the best opportunity to assess the case and to develop an overall compelling story based on an “audience-centered” perspective of persuasion.
“I recently had a major trial court hearing on a matter involving complex real estate law. I knew beforehand that it would be challenging to explain my position to a judge who isn’t highly versed in the details of this nuanced body of law. Graphics would be particularly important in this instance since I knew that my best road to success was making sure I had an argument that was easy to understand and penetrated with compelling information. I called Tsongas for help, and together we devised a strategy and the supporting vivid and dynamic graphics that explained my client’s position clearly and persuasively. The result was a fortunate 100% victory for me and my client. I strongly recommend Tsongas. They provide invaluable insights along with the graphic tools to make complex information clear and compelling to a trier of fact. Tsongas is intuitive, 100% client focused, and professional.”- Jim Holland, Hall & Holland, Vancouver, WA
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.