Case Strategy and Trial Discussions

Effectively Arm the Trier of Fact

The primary benefit of a case strategy consultation is the opportunity to assess and develop an overall trial strategy, drawing upon the extensive jury research and trial consulting experience of Tsongas Consultants. This experience, acquired through litigation in nearly all 50 states, is derived from thousands of civil and criminal cases, hundreds of research juries, and countless witnesses. Tsongas has experience working on plaintiff and defense cases, providing our firm with a unique perspective. The application of this substantial body of expertise enables counsel to make necessary adjustments early in the discovery process. Litigation strategy consultation can also assist counsel in determining if pre-trial research is warranted, and if so, what type of research is most appropriate.

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 issue
• 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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