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Posted in Uncategorized on February 10, 2017   |  by Gary Burger

Notes on Trying a Case

Notes from a Recently Tried Case

1.  The simpler and shorter case wins. Always.  If you can’t put your trial on quickly, figure out why. You are there for a specific purpose- either to win your client’s case, win the motion or injunction, win a jury verdict, or defeat one. That is your sole purpose. Narrow and filter your evidence to that purpose.

Most long cases lose (eg., St. Louis County Metro Link case and OJ Simpson criminal case).

2.  A client has to be truthful about everything in a trial. If the jury gets a whiff that they are not telling the truth they won’t believe anything they say. This is more true with plaintiffs than defendants.

3.  Double down on preposterous positions. So you didn’t do anything wrong to cause this car crash? I guess that means you're going to drive the same way when you go home from the trial/deposition today?

You didn’t need to look where you were going when you were walking through that store and slipped and fell? Don't people need to look where they are going to be safe?

Here’s me deposing a hotel owner with a bad gutter, which leaked water that froze.  He denied he had a bad gutter, that it leaked, or that the water then froze, until:

Then he folded. Case settled for $250,000.  Thanks for reading!