Special ACC CLE: What today’s lawyers are doing wrong and how to stop them.

More and more today’s lawyers do two things terribly wrong. They fail to account for and try to co-opt the strengths of their opponent’s case, believing their evidence will simply overwhelm the other side’s. Second, they do not tailor their trial presentation for the way juries’ think, which is in terms of gut justice and finding the ‘true story’ of what really happened. Instead, today’s lawyers think of trial like a debate where each side tries to ‘score points’ and the side with the most points wins. This is not how juries think. These two mistakes can spell catastrophe at trial. This CLE identifies red flags for in-house counsel to look out for that show their outside counsel are going down the wrong path in preparing the case for trial and how to achieve a course correction.