Strategy

Stories that don’t resonate aren’t worth telling.

Trial Strategy

The best trial lawyers are teachers and, like all effective teachers, one of their most powerful tools is a great story, which if told in a compelling way, results in listeners’ increased understanding and empathy. The difference between an okay story and a great one is often perspective. In order to have proper perspective, one must be close enough to the story to see the facts in sharp focus but sufficiently removed from it to see what facts matter and how to connect them in a way that tells the most coherent and persuasive story. We have that perspective. We gained it through years of experience preparing thousands of cases, including cases like yours.

We specialize in helping you take boxes of documents filled with facts—something that no juror will care about—and turn them into a legally relevant story through which your jurors will understand what happened, why they should care, and why you should win.


Working with IMS | The Focal Point Strategists

Our Strategists offer a variety of tools to assist clients, including:

  • Initial Case Evaluations — Provided, after a brief review of the facts of the case, in a one-hour session during which we react to the known facts, proffered theories, optics, politics, etc. Based on our years of experience trying cases before juries, we provide our initial thoughts on challenges, opportunities, and possible next steps. This evaluation session can be a good time to discuss discovery strategies, settlement advocacy, expert witness requirements, venue analysis, jury research, and other services that might be needed. 
  • Mental Mining® Sessions — In-person or virtual half- or full-day guided discussions during which we ask probing questions, listen critically, challenge clients to clarify and distill case themes, and record the results. Together, we will develop the factual theory of the case, identify underlying themes, create our “story” for the jury, and sketch the critical demonstrative ideas for trial. Mental Mining sessions are most valuable when performed early in the case, towards the end of discovery, but they can be conducted at any time and repeatedly in response to case developments.
  • Trial Summits — Generally full-day sessions held shortly after the end of discovery but while there is still sufficient time before trial to make sure that all stakeholders are aligned on the facts, the legal strategy, trial themes, logistics, etc. The team decides between alternative theories and creates a detailed agenda for the trial presentation and items that must be accomplished prior to trial.
  • Advisory Sessions — Can be held at any time with a Strategist who will help prepare witnesses, participate in research exercises, work with others on key demonstratives, review opening statements or closing arguments, monitor the trial for real-time strategy adjustments, and participate in post-verdict analysis.

“They bring an uncanny ability to quickly immerse themselves into a case and help develop the best trial themes...and graphics.”

John PhillipsJohn Phillips
DLA Piper

Strategy