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weakness before you agree to take the case. One of the ways that I do this is to use different experts to review the case than I use for trial. Admittedly this costs more but it avoids the possibility of an expert going out on a limb because he or she needs the money by participating in the case. Te expert will get paid win or lose, but you won't. My internal experts know that their role is limited to giving me a yes or a no. Accordingly, they don't have a dog in the fight. Tey will not make any more money if they say yes then if they say no. Having this extra layer of review also helps you to vet the case with the experts who you ultimately use as testifying experts. It is also a good idea not to take every complex case that
comes into your office as you will likely be spreading your available resources way too thin to survive an unexpected continuance or, worse yet, a loss. For a few of your cases seek co-counsel to try them with you. Don't just refer the case and wait for the check, participate in discovery and trial. I am continually amazed by how much I learn from other attorneys. As a solo or small firm practitioner, I do not have the luxury of bouncing our cases off of several people in my own office. One of the reasons that I am so active in the Maryland Association for Justice and the American Association for Justice is the access to so many colleagues that membership provides me. Unlike our friends in the defense bar, I have found that fellow
Plaintiff's lawyers are more than happy to share with their tips and advice on how to successfully pursue cases. Tey are a wealth of information on such topics as trial strategies, which experts to use, and which ones to avoid.
Dealing with Other Cases When You are in a Complex Trial
When I am in a lengthy trial, one of the biggest fears I
have is that an opposing lawyer from one of my other cases will file a critical motion requiring a response. I am convinced that some defense lawyers wait until you are in trial to file these motions. One of the ways that I have dealt with this is to file a Notice of Unavailability for each case that I have pending when I am in another trial. Admittedly, there is no precedent for filing this Notice. I got the idea from William Savage, a trial lawyer friend of mine in Oregon who is a solo practitioner who handles large complex medical negligence cases. Te purpose of this Notice is to give you cover so that if someone files a motion on you, you can cry foul to the Court and at the very least ask for an extension of time to respond. If the other side will not consent to the extension, then you at least have some basis for asking the Court for help. Whenever I am in trial, I also prepare in advance a form Motion for an Extension of Time to Respond to a Motion, so that if a
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