Defense Case Structure

Every Defense case is unique, involving an idiosyncratic set of case facts. Still, over the decades, we have discovered and studied patterns in successful defense cases and developed a Defense Case Structures that is more likely to lead to a favorable outcome for our defense clients. Relying heavily on social science research, Defense Case Structure identifies what the trier-of-fact needs to know to reduce or eliminate liability and diminish damages. This structure best orchestrates which information, what order, what tone, and which demonstratives help to increase the clarity of your cases and reduce bias that can lead to plaintiff verdicts. 

Instead of relying on disproving plaintiff’s positions, the Defense Case Structure encourages fact finders to normalize defendant behavior and create educational and historical tutorials that create context for both defendant and plaintiff decisions in the case. Moreover, instead of ignoring the emotional elements of any plaintiff case, the Defense Case Structure pointedly identifies these emotional decision drivers and absorbs them into the case narrative. Defense Case Structures studiously avoid the air of defensiveness in the case presentation, while meeting potentially “bad facts” head-on.

Among the elements we focus on in developing the Defense Case Structure: 

• Identifying the background or historical context that can help create case context
• Identifying high bias issues that can lead to judicial or juror confusion
• Simplifying and creating demonstrative exhibits to clarify complex case or legal issues
• Clarifying both plaintiff and defense intentions in order to properly characterize the conduct at issue
• Tying the narrative structure to summary judgement or verdict questions

Let us help you find the best structure for your case.