Why I Prepare Every Case as Though It Will Be Tried

One question I am occasionally asked by clients is whether I expect their case to go to trial.

My answer usually surprises them.

“I hope not, but I prepare every case as though it will.”

That answer is not a contradiction. It reflects a philosophy that has guided my practice for more than thirty years.

The overwhelming majority of civil cases settle before a jury is ever selected. That is true of employment cases, housing discrimination matters, civil rights litigation, and personal injury actions alike. Settlement can often save clients time, expense, and the emotional burden that accompanies prolonged litigation.

But there is an important distinction between hoping a case settles and assuming it will.

Every client deserves an attorney who is fully prepared if settlement efforts fail.

Preparation Begins Long Before Trial

Many people imagine trial preparation beginning a few weeks before entering the courtroom. In reality, it begins the day a client walks into the office.

Preparing a case means carefully listening to the client’s story, identifying the legal issues, preserving evidence, obtaining documents, interviewing witnesses, researching the applicable law, anticipating defenses, and thoughtfully developing the facts long before anyone appears before a judge.

That work is not glamorous, but it is indispensable.

Clients rarely see the countless hours devoted to discovery, legal research, strategy meetings, or preparing witnesses. Yet those efforts often determine whether a case succeeds.

Good results are seldom accidental. They are usually the product of careful preparation carried out consistently over many months.

Mediation Changed My Perspective: By Reinforcing It

Several years into my career, I became a certified mediator through the Los Angeles County Bar Association.

Some people assume that mediation and trial advocacy represent opposite philosophies. I have found exactly the opposite.

Serving as both an advocate and a trained mediator has strengthened my conviction that preparation is what gives mediation its greatest value.

The most productive mediations are not those where attorneys arrive hoping to persuade the other side with rhetoric alone. They are the ones where both parties understand the evidence, appreciate the strengths and weaknesses of their respective positions, and are able to evaluate the risks of continuing the litigation.

When both sides have done their homework, negotiations become more realistic because they are grounded in facts rather than assumptions.

In that sense, my experience as a mediator has only reinforced what I learned as a trial lawyer: preparation creates opportunities for meaningful resolution.

The Best Settlements Are Often Earned

Over the years, I have seen cases resolve favorably without ever reaching a courtroom.

From the outside, those settlements may appear effortless.

What often remains unseen is the work that made them possible.

In one matter, for example, a client’s claim initially drew little interest from the opposing side. Through careful document review, witness interviews, and early expert consultation, we uncovered key evidence that significantly strengthened the case. By the time mediation occurred, the opposing party recognized the risks of proceeding to trial, and the case resolved on terms that were far more favorable than initially anticipated.

Opposing counsel generally knows when a case has been thoroughly prepared. They recognize when discovery has been diligently pursued, when witnesses have been carefully interviewed, when the evidence has been organized, and when the attorney standing across the table is prepared to present the case to a jury if necessary.

That preparation changes the conversation.

Negotiations become less about speculation and more about evaluating risk.

Ironically, some of the cases least likely to be tried are those that have been prepared most thoroughly for trial.

Preparation Is a Sign of Respect

As lawyers, we owe our clients competence, diligence, and sound judgment.

To me, preparation embodies all three.

Preparing a case thoroughly communicates to a client that their concerns matter. It tells them that their attorney values their trust enough to leave no reasonable avenue unexplored.

It also reflects respect for the judicial process. Courts function most effectively when lawyers present well-prepared cases supported by evidence rather than emotion or conjecture.

Preparation is not about unnecessary aggression. Nor is it about refusing reasonable compromise. It is about ensuring that every decision, whether to settle, mediate, or proceed to trial, is made from a position of knowledge and strength.

The Client Decides. Preparation Makes Every Option Possible.

One of the most important responsibilities of a lawyer is helping clients make informed decisions.

Some clients ultimately choose settlement. Others decide that presenting their case before a jury is the better course. Those decisions belong to the client after receiving thoughtful legal advice.

My responsibility is different.

It is to ensure that, whichever path the client chooses, we are ready.

Looking back over more than three decades of litigation, that philosophy has served both my clients and me well. Cases have changed. Technology has changed. Court procedures have evolved. Yet one principle has remained constant.

Clients are best served when their attorney prepares every case as though it will one day be presented to a jury.

Because while most cases never reach trial, every client deserves to know that if theirs does, their lawyer will already be ready.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Every legal matter is unique, and the outcome of any case depends on its specific facts and applicable law. Reading this article does not create an attorney-client relationship. If you have questions regarding your legal rights, you should consult qualified legal counsel regarding your particular circumstances.