What Strategies Lead to Successful Outcomes in Seemingly Unwinnable Cases?
Lawyer Magazine
What Strategies Lead to Successful Outcomes in Seemingly Unwinnable Cases?
In the legal arena, cases that appear unwinnable can sometimes be turned around with the right strategy, as evidenced by a Divorce Coach, Lawyer, and Speaker who found success through creative solutions in a paternity case. Alongside expert insights, we've gathered additional answers that highlight unconventional and strategic approaches to legal challenges. From leveraging technology to unearth crucial evidence to employing expert witnesses that shift case opinions, discover a spectrum of strategies that have led to surprising victories.
- Creative Solutions Settle Paternity Case
- Exhaustion Argument Nets Substantial Recovery
- Discovery Reveals Unsafe Rig, Wins Case
- Unconventional Tactics Change Case Course
- Procedural Mastery Turns Case Around
- Public Opinion Influences Legal Outcome
- Tech Tools Unearth Crucial Evidence
- Expert Witnesses Shift Case Opinions
Creative Solutions Settle Paternity Case
I once represented a client in a paternity case where the child was an infant, and the parents (who had only been together a few months) disagreed about every detail of the parenting plan and (of course!) child support. The case was 'unwinnable' in that the man had some significant mental health issues and would not or could not agree to anything. The woman was more reasonable but still dug in her heels about a few issues, some of which were definitely 'unwinnable' had the case gone to trial.
The strategy that ultimately settled the case—and settled the multiple post-trial issues that kept cropping up every few years—was having lawyers on each side who knew what a nightmare this case would have been at trial and were dedicated to keeping the two clients out of court. We were willing to think outside the box, implement creative solutions no judge would have ever ordered, and tell our clients the hard truths they didn't want to hear—while still representing their interests and fighting to get them as much of what they wanted as possible!
When the child turned 18, the parents finally stopped fighting (at least in court). (And, yes, it took that long.)
The bottom line is that, as a lawyer, if you're willing to sit in the conflict and engage in difficult negotiations even when your clients are being less than reasonable, you can often achieve results that would have been impossible to achieve in court, while also saving your clients from a tremendous amount of uncertainty and pain.
Exhaustion Argument Nets Substantial Recovery
Michigan has run the table on negligence standards. Once a contributory negligence state, it switched, for a short while, to pure comparative negligence. Later, it limited comparative negligence recoveries to cases over 50%. My case was one reason why the legislature made the change.
During the period the Michigan standard was pure comparative, a client was seriously injured when she ran a stop sign and slammed into an opposing vehicle. The 'defendant' testified that he had been at the gym and was mentally and physically exhausted. After the deposition, we decided to argue that his exhaustion prevented him from having full capacity to effectively avoid the accident. The defense offered 'zero' and forced us to trial. The judge permitted, and we argued, the 'mental and physical exhaustion' theory. The jury awarded our client $800,000 and attributed her 90% negligence. However, the 10% negligence attributed to the 'innocent' defendant netted our client $80,000, a substantial recovery for an at-fault plaintiff. I consider the case to be one of my greatest success stories. I firmly believe that pure comparative is the fairest system for our citizens.
Discovery Reveals Unsafe Rig, Wins Case
I had a case where a truck driver lost control of his vehicle and jackknifed across the roadway, killing two innocent victims. The truck driver sustained serious injuries in the wreck. Another law firm had dropped the truck driver's case. By prioritizing discovery directed at the condition of the tractor-trailer and conducting an exhaustive investigation, I was able to unearth facts to show the rig was unsafe and a cause of my client's injuries. I was able to resolve the truck driver's case for more money than the lawyers for the families of the innocent victims received for their clients' wrongful death claims.
Unconventional Tactics Change Case Course
Adopting unconventional yet lawful strategies can often change the course of a difficult case. These tactics might involve out-of-the-box thinking or applying legal principles in novel ways that surprise the opposition. Such an approach can cause the other party to reconsider their stance, potentially leading to a settlement or an outright win.
It requires thorough understanding of the law and creative problem-solving. Consider exploring these alternative pathways in your next complex legal challenge.
Procedural Mastery Turns Case Around
A deep dive into all procedural rules and regulations is a powerful strategy for turning a case around. By meticulously examining every rule, one can identify procedural errors or oversights committed by the opposition. This approach can lay the groundwork for appeals or motions that could significantly delay or derail the case against you.
Mastery of procedural intricacies can be the difference between winning and losing. Delve into the procedural landscape to find your winning edge.
Public Opinion Influences Legal Outcome
Swaying public opinion can be a potent tool in legal contests that seem insurmountable. When the stakes are high, shaping the narrative outside the courtroom can create a social climate that influences the proceedings within it. This can lead to increased scrutiny on the opposing side and might encourage them to settle or drop the case.
Forming a narrative that resonates with the public requires skill and a clear message. Engage the community and tell your side of the story to gain public support.
Tech Tools Unearth Crucial Evidence
Embracing cutting-edge technologies for evidence discovery can unearth crucial information that tips the balance in challenging cases. These technologies can analyze vast amounts of data quickly, providing insights that may not be obvious through traditional methods. This can lead to the discovery of evidence that undermines the opposition's claims or bolsters your own position.
In today's digital world, staying ahead of the technological curve is essential. Start incorporating advanced tech tools in your evidence-gathering processes.
Expert Witnesses Shift Case Opinions
Hiring expert witnesses can provide the leverage needed to shift opinions in a tough case. Experts bring credibility and can articulate complex ideas in a way that is understandable to a lay audience, like a judge or jury. They are able to deconstruct the opposing party's arguments and demonstrate alternative viewpoints based on empirical evidence.
This strategy strengthens your position and provides an authoritative voice in contentious matters. Invest in qualified expert witnesses to enhance the persuasiveness of your case.