I recently tried a products liability case to verdict in Philadelphia in what was either my 100th major jury trial or my 200th trial—I lost count a while back. But that really doesn’t matter. Usually, the Legal Intelligencer “humors me” by publishing my views on legal issues or publishes something I’ve written under the heading “legal commentary.” And I really appreciate these opportunities. But this month I’m writing about a personal experience, hoping it will help others faced with upcoming trials. I’m sharing with you my approach to this recent trial, including how we prepared the case from jury selection through the verdict. I’ve thought about writing about these topics for a long time, but I just never found the time. For those readers who try civil cases or for those who’ve thought it might be interesting to become a trial lawyer, this is for you. I hope you enjoy it.
The story begins by accounting for what’s usually done in preparation for a major jury trial. Trial preparation is really the fourth step in a lawsuit. Long before we arrive here, the case begins with meeting the client, acquiring a ton of documentation about the circumstances leading to the harm suffered, then developing with the help of expert consultants a good understanding of the products design and failure and the means available to prove fault and the damages suffered. With the initiation of the lawsuit, skirmishes commence regarding legal and factual issues like jurisdiction, venue, scope of technical discovery, corporate depositions and expert disclosures. At that point, after spending a few years and lots of money developing the case, it’s time to get organized for trial.
