For an effective discovery, case framing should start as early as possible. But be ready to pivot!
Don't let the other side get the jump on you in framing a case, and put you in catch-up mode from the start. You need to start framing a case at intake, especially for higher-value cases.
But, as our guest points out today, you also need to be ready and willing to pivot, should new facts arise, or if a new framing will in fact strengthen your case.
Tony Edwards is a personal injury lawyer in Oklahoma, and shares stories and wisdom from his decades of experience. We talk about a trucking case where digging into personnel records uncovered that the driver had previously been fired for on-the-job drug use, convincing Tony and his team to pivot to a stronger employer-focused theory, and a settlement at trial for the prior demand.
Focus groups are a great help for this kind of shift, since you'll instantly receive feedback on what works and what doesn't, and particularly what may go against your own assumptions and expectations. You then just need to be willing to adjust!
Learn more about my guest Tony Edwards:
Tony Edwards was born and raised in McAlester, Oklahoma and has devoted himself to serving the legal needs of the people in his home area. He received his undergraduate degree in sociology and psychology from East Central University in Ada and then went to Oklahoma University College of Law, receiving his J.D. in 1982.
In 2006, Tony decided to that he wanted to create a smaller firm that would give him an opportunity to provide more personal service. The Edwards firm was born that year, and he has continued to concentrate on plaintiff's civil litigation. His practice today encompasses cases involving motor vehicles, nursing homes, defective products, and oil-field injuries. He has been involved in numerous mass-tort cases involving defective products.
Edwards and Patterson began in 2015 when he became partners with Matt Patterson. His efforts have resulted in numerous significant verdicts and settlements for his clients.
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