Know Thyself

When preparing for trial, you MUST know each of the elements of each cause of action and your argument first. This allows you to focus everything that follows to support your position.

Part of knowing your argument is knowing your weaknesses. Our tendency is to focus on the strengths of the case and minimize the weaknesses. Do not ignore the weaknesses! If you do, there is danger. You will be better if you, instead, ask yourself, “How would I present this case if I was on the other side?” Do the same focus when preparing discovery requests. Ask yourself, “How would I object to this if I was on the other side?”

I had a minor role helping with a case the opposing side felt was weak because they thought they could prove the Plaintiff had committed arson. Everything they did was focused on this point. Now, they rightly had grounds to question the circumstances because there was a fire, there was extra fuel on the premises at the time of the fire, there had been an increase in insurance coverage immediately before the fire, and the cause of the fire was unclear.

However, there was an arson investigator hired by the other side, immediately after the fire, to review the matter that concluded it was an accidental fire--NOT arson.

How is the jury going to react when they find out the arson investigator was hired by the other side? How is the jury going to react when they find out the other side tried to hide that report? How is the jury going to react when they find out that, after receiving the report, the other side still tried to get state and local authorities to investigate the Plaintiff’s businesses because he was “suspected of arson”? How is the jury to react when they see the other side STILL trying to ruin the Plaintiff by wrongfully claiming arson?

The jury found there were grounds for $3 million of compensatory damages and $58 million for punitive damages. Perhaps they were not persuaded there was arson?