by Ken Lopez
Over the past three decades, law firms have figured out that litigation best practices include the extensive use of visual aids, the regular use of a trial technician to manage electronic evidence at trial, and the value of conducting one or more mock exercises. Each of these practice areas has developed in response to specific problems that exist in bench and jury trials alike, and there is an art and science (and about a $250 million industry) that exists around litigation consulting.
So, as more large litigation is pushed into midsize firms as a cost containment measure, I notice something interesting. Most midsized firms just don’t know how to use litigation consultants, and what might look like cost savings is going to yield troublesome results later. After all, we figured all of these problems out once in the 1990s, and an industry exists to provide solutions.
So in the spirit of offering the midsized firm, or frankly any firm that is not an AmLaw 50 firm, a solid primer on what’s been learned these past 20 years, I offer the following 16 lessons:
1. Using Litigation Graphics Yields Better Results: It’s beyond “broad scientific consensus,” it’s just a fact, Litigation graphics provide better results. This recent 2013 study on the effect of visual evidence on juries [PDF] does a good job of summarizing the science of litigation graphics.
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