Dr. Laurie Kuslansky recently shared a few examples of how
trusting friends and family members for litigation advice might be less than
optimal (see No Advice is Better Than Bad Advice in Litigation). Although there are many
good ways to save money, there are at least as many bad ways to save money.
Cost does not always equal value.
This article is number
4 in a series entitled “Trial Tech Tips.” Focused on the crossroads of law and
technology, and in no particular order, we will share a collection of proven
and tested methods for accomplishing a wide variety of common and/or critical
tasks encountered during trial preparation or presentation. We will also try to
rank them from one to ten on a “geek scale,” with one being not too technical,
and 10 being very technical.
On a geek scale of one to ten, this article would be
rated at about a 3.
I have heard some
great stories of lawyers winning huge cases, while saving tons of money by doing
everything themselves. With all of the latest in software, iPads, and
readily-available technology, anyone can learn enough to handle nearly
everything on their own, from graphics to mock trials to jury selection to
trial presentation, resulting in thousands of dollars easily saved! Just
imagine how happy your client would be with that! Or, better yet, if you’re
handling the case on a contingency basis, you will be able to enjoy the entire
pie, rather than having to share!
Mock Trial –
One thing is for
certain – If you do bring in friends or family members to help, you can be
assured that they will share your desire to succeed. They want you to win, and
they believe that you will prevail. Your friends and family members believe in
you and your case as much as you. And that is the problem. There is not one real juror who will believe in you or
your case before they have heard the evidence.
During the course of
trial prep and presentation, I will generally offer feedback and advice on what
I think of the evidence, or how the trial is going. Do I have any less vested
interest in your success in trial than your own mother? Absolutely not, but
unless your mother has many years of actual trial experience, her perspective
might be a little different. A professional Trial Consultant has no desire
to simply make you feel good about your case. Rather, their job is to
discover strengths and expose weaknesses in your armor.
Graphics –
I heard a very
successful lawyer give a presentation in which he proudly shared that his
teenage child had created the graphics that were instrumental in a favorable
verdict, and encouraged attendees to do the same. Although it may have worked
once for him, will it work for you? Is it really worth the risk or the money
saved? Maybe. Or, maybe it would be prudent to bring in someone who does this
type of work on a daily basis.
Trial Presentation –
I’ve read a few articles
where attorneys have successfully handled their entire trial presentation
themselves with an iPad. It worked for them, so why couldn't it work for you? What
could possibly go wrong? I won’t go there now, but you can find more on that here.
Conclusion –
There are indeed
ways to save money when it comes to litigation. Some will have the ability (and
extra time required) to learn how to do everything on their own. Most will not.
Practicing law is just one piece of the litigation pie. There are many other
pieces to be distributed or consumed. Just as your client believes that you are
the best attorney available to represent them, it should be a top priority to
surround yourself with equally-talented professionals who you believe can help ensure
that your case is prepared and presented in the best possible manner. While
any client can appreciate cost-savings, they can also appreciate counsel that
engages the best trial team available. Of course, a favorable verdict is
always a plus.