Too often, the only strategic thinking done by lawyers about a plan for discovery analysis is choosing a document review software and a litigation support vendor.
We commit ourselves to a different set of priorities in our strategic evidence research. We practice and teach core skills applied by generations of good trial lawyers. We reframe those skills to respond to the scale and variety of today's evidence and the technology, science and communication tools we now employ.
In a million document discovery, favorable facts don't just drop into a lawyer's briefcase like apples falling from a tree. They emerge from a disciplined progression of interpretation that goes far beyond merely tagging, searching, and categorizing documents. To apply our traditional instincts and intuitions about what evidence will persuade a jury, complex discovery must now be organized, visualized and analyzed in the framework of new cognitive science, information theory and computing technologies. Bringing terabytes of documents, digital signals and electronic communications back into the palm of the trial lawyer's hand hinges upon choosing the right process for interpreting an ocean of facts to grasp those few particles of information that will make all the difference.
After thirty years, we remain at the forefront of the legal community in applying what organizational dynamics, technology and the social and cognitive sciences have to offer trial advocacy. We explore what makes evidence persuasive, how trial lawyers identify those facts that convince juries and how they orchestrate the presentation of those facts to make it so.
As part of a trial team, we work collectively to gain strategic insight and trial advantage in discovery. The result we seek is not just what the facts are, but what facts forge pathways to a favorable verdict. We aggressively seek factual leverage in each individual document and in all the revealed patterns of communication among the documents we analyze until the totality of the discovery has been wrung out like a wet cloth for every drop of advantage.
While it may be that the facts speak for themselves, it is the trial lawyer who must give them the words to use. Our role is to see that lawyers have all the vocabulary they need.