Work Session Options
What will you do in a work session with Phillip? Some or all of the following may make sense for your case depending on where the case is in terms of discovery, mediation, dispositive motions, and trial dates. They are numbered according to the likely order and progression, but can be customized for any case. Some clients choose to do their planning sessions early before discovery, and others use the methodology to prepare during the last weeks before trial. There is no wrong choice.
- Develop a robust model of the opposition case (landmines), including all facts, documents, and exhibits that may be used against you in the trial. Sequence the model for the strongest persuasive effect.
- Develop a fact-based rebuttal that makes the landmines irrelevant or immaterial. Items 1 & 2 usually are done in a 2 day work session; complex cases may take more time.
- Test the rebuttals against the landmines in at least 2 focus groups and debrief/tweak both the landmines and rebuttals. (2 day work session, including 2 focus groups).
- Based on the rebuttals; outline and craft rules and exhibits for dispositive depositions. (defendant, corporate rep, experts) (1 day).
- Based on the rebuttals and focus group feedback, craft the case-in-chief and identify case critical documents/exhibits. (1 day).
- Test the case in chief against the landmines. (1 day of focus groups).
- Based on the case in chief focus group feedback, craft the opening statement and trial story (1 day) and then test it for feedback. (1 day).
- Prepare voir dire outline for key issues (including de-selection) and test attorney presentation of voir dire with focus groups (1½ days).
- Recruit, prepare, and do daily debriefs of shadow jury during trial (this something I assume could be handled in house, but I would help set up prior to trial).