Mastering Complex Litigation: Essential Strategies for Small Trial Firms

• Publication year: 2024
• Citation: Vol. 37 No. 4 Pg. 22
• Pages: 22

Mastering Complex Litigation: Essential Strategies for Small Trial Firms Vol. 37 No. 4 Pg. 22 Utah Bar Journal July 2024

Article

by Richard D. Burbidge

Over the years, I've engaged in discussions with my talented colleagues from small firms who were eager to explore the path to success in handling complex litigation. Despite the trend for firms to grow larger, my team has remained small, focusing on catastrophic injury cases for plaintiffs and high-stakes commercial disputes on both sides. Through decades of practice, we've honed certain elements and practices that have significantly bolstered our trial practice in tackling complex cases. Drawing upon talent, assembling a dedicated group of individuals who are not only skilled but also deeply committed to each case, serves as a baseline. The key to success with complex litigation includes five essential principles:

No. 1: Work like Hell

Hard work is fundamental, but it doesn't have to mean drudgery. Intense, focused effort, especially in the early stages of a case, pays big dividends later. Working hard doesn't just mean individual effort but rather collective dedication toward a common goal and with a shared narrative of the case. It's remarkable how many brilliant ideas emerge when you're fully focused and immersed in the intricacies of the case alongside your team, where every team member's unique perspective and input contribute to the collective brainstorming process. For small firms especially, collaborative teamwork is essential.

Part of working hard is taking command, at the outset of a case, of the story (the facts) and the documents and witnesses (the proof). Effective trial themes can only be developed and presented based on the facts that can be proven at trial. And, with few exceptions, those facts lie in the documents. However, small firms must avoid getting buried in document overload. Even in the blizzards of hundreds of thousands of documents commonly produced in high-stakes litigation, there are only five or ten documents that will be determinative. Therefore, it is essential to find these documents through careful discovery, planning, and assiduous execution of those plans. Currently, it is a litigation strategy to bury the other side in documents - not to inform the other side, but to bury them. This is where an outside document processing firm is essential. The documents can be effectively gathered, scanned, and word searched. This ability levels the playing field for small firms dramatically.

Early on, we work with the client to prepare a "cast of...