At Ross & Owens Ross, our unique approach is to work backwards, to move you ahead of the opposition.
What do we mean by that? We’ll explain.
If a civil case goes to trial, at the end, the judge will read the law to the jury, and the legal concepts that the jury must use in rendering their verdict.
These instructions are standardized in what’s called Pattern Jury Instructions. It is a template used by the Court, depending on the type of civil case.
How can that impact on the beginning of litigation, and its continuing procedural course if a settlement is not reached early on?
simple.
If you know in advance what a judge is likely to say to a jury after a trial, you can use that as a guide for what you need to say and do at the beginning of litigation.
Claims and defenses are detailed according to what the jury will be instructed by the Court after trial.
In the pleadings, in the discovery part of the trial (where information relevant to the case is obtained, provided, and where depositions of witnesses may take place), the attorneys at Ross & Owens Ross are ever mindful of the desired outcome. We strategically plan for trial to place you in the best position to have your pleadings and other papers dovetail with what the judge will tell the jury to consider in its rendering a verdict.
Think of it as keeping the end goal in sight with every move you make towards that goal.
Preparing the Steps to Build Your Case
At the start, we will sit down with you, and gather the facts and circumstances of your case. If we determine that you have a solid case, when we draft your complaint, (or your answer, if you are a defendant), we will take those facts and form them into the best-case scenario for you, mindful of what a judge might eventually instruct a jury.
Should the case not settle early on, we will conduct depositions with the end goal in mind. For the client not familiar with depositions, it is an out-of-court proceeding (usually) where testimony of the parties is taken down before a stenographer, for later use at trial.
Our written demands for information, and our responses to the other side’s demands, will all be truthfully tapered with an eye towards the eventual instructions of a judge, should the case go to trial.
At a trial, the jury will have access to the pleadings, the discovery information provided, as well as the testimony of the witnesses. If the court papers all form one coherent pattern, this adds to the credibility of your case, especially when the judge instructs the jury in a manner that is consistent with your pleadings and your proof.
At ross & Owens ross,
We never take a plodding step-by-step approach to litigation with our eyes only on the current stage of the proceeding. Our focus is ever on the prize, and the steps taken to get there are sure and steady on the road to the most favorable outcome for your case.
If you're involved in a lawsuit - or if one has been brought against you - our experienced attorneys can help you through the process. We take great care during the initial analysis phase to identify a case's strengths and weaknesses. Our goal is to give you a clear assessment of your claims or possible liabilities . . . and to form a long-lasting attorney-client relationship.