3 Habits to Help Attorneys Win Before Trial

The courtroom may be where the final decisions are made, but seasoned attorneys know that much of the work that determines a case's outcome happens long before the trial begins. Achieving success in litigation and securing a win before trial depends on three key pillars: meticulous preparation, strategic planning, and unwavering discipline.

What habits help attorneys succeed?

To increase the likelihood of a favorable trial outcome, every attorney should cultivate four essential habits. Meticulous preparation, building strong client relationships, leveraging pre-trial motions strategically, and honing exceptional negotiation skills are all critical practices that can significantly enhance an attorney’s chances of success before stepping into the courtroom.

1. Meticulous Preparation and Organization

Prepare, prepare, prepare – one of the most effective ways to improve the chances of a win before trial is to master the art of preparation. An attorney’s ability to organize and analyze information effectively can set the tone for the entire case – and poor preparation almost certainly will lead to a loss. 

Look at the Facts and Start at the 50-yard Line

A successful case is built on an accurate understanding of the facts. This includes knowing every aspect of the evidence—how it supports or contradicts each claim—and anticipating the opposing counsel's arguments. Attorneys should meticulously review discovery documents, categorize evidence, and prepare summaries that make it easier to reference key points when needed.

A proactive approach means preparing for litigation before it formally begins. Why wait until a case is filed to be prepared? In most cases, key witnesses and corporate reps are known early, so attorneys should have a system ready to go. When an attorney shifts the starting point from reaction to strategy, the readiness ensures the defense team begins “at the 50-yard line” rather than scrambling from their own 25.

2. Strategic Use of Pre-Trial Motions

Pre-trial motions are powerful tools that attorneys use to shape the trajectory of a case. They often address key issues well before trial begins. These motions allow attorneys to challenge unfavorable evidence, question the legal basis of the plaintiff’s case, or even seek a case dismissal. When used strategically, they can significantly strengthen the defense's position while weakening the opposing side.

For example, a motion for summary judgment can end a case outright by demonstrating that no genuine disputes of material fact exist, saving clients from the risks and uncertainties of trial. In high-profile cases with significant media attention, motions for a change of venue can ensure a fair trial by moving proceedings to a location where an impartial jury is more likely.

These motions aren’t just technical procedures; they are essential opportunities to challenge the foundation of a case and potentially secure a favorable resolution before stepping into a courtroom. For attorneys, mastering the strategic use of pre-trial motions is crucial to achieving the best possible outcome for their clients.

3. Negotiation Skills

Successful negotiation is often the cornerstone of achieving favorable outcomes, especially since most legal cases are resolved before reaching court. Attorneys with strong negotiation skills can secure settlements that meet their clients' needs while avoiding the costs and uncertainties of trial. A key strategy in this process is understanding the opposing counsel’s tendencies and approach. By reviewing their past cases and negotiation styles, attorneys can pinpoint weaknesses to leverage effectively.

Preparation is essential for effective negotiation. The strongest negotiators come equipped with solid evidence, a clear understanding of their client’s objectives, and a well-structured strategy. This includes defining an acceptable range of outcomes and identifying fallback options in advance. These steps not only provide clarity, but also increase the likelihood of reaching a mutually agreeable resolution.

Persuasive communication is at the heart of successful negotiation. Presenting a case with confidence, clarity, and logical reasoning—supported by strong evidence—can make all the difference. By combining preparation, strategy, and effective communication, attorneys can navigate negotiations with precision and achieve optimal results for their clients.

Win Before Trial With Courtroom Sciences

Winning before trial is about more than securing a favorable judgment – it’s also about positioning the case for success. Attorneys who consistently focus on these pre-trial strategies can not only achieve better results for their clients but also save time, resources, and stress in the process. 

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Preparation is key – start working up cases early to stay ahead.

●  Develop and use pretrial motions strategically. 

●  Game plan for negotiations. Being thoroughly prepared for negotiations helps attorneys secure favorable settlements.

●  Study the opposition’s strengths and weaknesses for better strategic positioning.