TRIAL CONSULTING
Case 1: Dr. N.F.

The malpractice attorney knew his case was tricky and could be a loser. Even though the exposure was $1.5 million, the insurance company and the doctor did not want to settle. So the attorney hired ON TRIAL ASSOCIATES, INC., to help him prepare for trial and to be his objective eyes at the trial.

After using OTA, Inc., the lawyer declared, "You were able to bring to the courtroom a larger perspective. Lawyers in trial get so narrowly focused. We lose track of humanizing the client."

We worked with the attorney and his client on identifying the jury issues and key facts in the case. Then we developed an approach to his client's story which a jury would understand and believe. We worked with the client to bring out his more accessible and credible side.

The opposition's theory of the case relied on the point that the patient was "fine until the day Dr. N.F. operated on him."

ON TRIAL ASSOCIATES, INC., saw that the patient's life was actually on a giant down-hill slide for 20 years. It was not until the patient met Dr. N.F. that his descent was arrested. Indeed, Dr. N.F. had saved the patient's life.

With this powerful image in mind, we used the facts to develop a scenario which reinforced our theory. We worked with the attorney on his opening statement and coached the key witnesses.

We found ways to keep the medical issues clear and accessible to the jury. We discovered visual images which were memorable and focused on making the doctor likable and believable.

During the trial, we watched the jury. We tracked how each individual juror was responding to the trial. Later the attorney noted, "You told me I had five or six jurors with me, so I knew I was doing something right. Then you helped me find ways to get to the others."

"On a break, you and I discussed that sometimes when rulings weren't going my way, I did things which radiated anxiety." OTA, Inc., was able to give the attorney concrete actions which relaxed him and gave him more control in the courtroom.

Our approach worked. The jury believed that Dr. N.F. had saved the life of the patient and that the patient was a malingerer. And, the attorney felt he "gave one of my best closing arguments ever."

Verdict for the defense. No appeal.

REVIEW CASE 2