Overview

Objective: Trial Solutions that Put Cases Back on Track

The number of claims and lawsuits being filed has steadily increased, yet the number of cases tried to verdict has declined dramatically. Because of this long-term trend, there are many otherwise qualified litigation attorneys with little or no practical trial experience.

When litigation begins, clients often select counsel with whom they are comfortable working or who has some background knowledge of the case subject matter. At this stage, an attorney’s trial experience may not be a consideration since most cases are expected to settle before trial.

But what if the case will not settle?

The Trial Experience Difference
If an attorney or law firm never goes to trial, opposing counsel knows it. Hiring experienced trial counsel at this crucial stage can give a substantial edge when it comes to settlement negotiations. And if trial is the most reasonable way to resolve a case, the need for an attorney with a proven record of success is even more pressing.

The experienced trial attorneys of Archer Norris thoroughly understand the relatively finite area of the law that is Trial Practice, which we define as:

• “On your feet” knowledge of the law of evidence
• Thorough understanding of the law of damages
• Getting information from witnesses in a concise manner
• Persuasively conveying the big picture to the jury so they understand the strength of the case

On Call Trial Counsel addresses clients’ critical need for a litigation team that can turn a case around. We have the acumen to present cases in every area of law tried before a finder of fact.

Experienced in literally hundreds of jury trials. An impressive record of success in California and Nevada.  We handle even the most esoteric case at any stage of litigation.

Litigators of Choice When the Stakes Are High
Because of our reputation for excellence in the courtroom, Archer Norris receives a large number of referrals from businesses, primary and excess insurance carriers, and even other law firms, many on the eve of trial. We are frequently asked to take over cases when trial appears imminent, when cases are being retried or when the possibility of trial has become a reality.

Our On Call Trial Counsel knows it is never too late for clients to take charge of the outcome of their case.

Representative Matters

Representative Matters

• Construction Catastrophic Injury - Obtained an $8 million verdict on behalf of our client, a national general contractor, in the re-trial of a case that had previously resulted in a $20.7 million verdict. The trial involved an accident which rendered the plaintiff paraplegic. It occurred at a four-building office park project on the former site of the Bay Meadows Racetrack in San Mateo, California.  During the five-week retrial, On Call Trial Counsel attorneys applied a novel argument involving alternative safety and design measures.  After a single day of deliberation, the jury delivered a new verdict that drastically reduced our client’s share of liability to a fraction of the original award.
• Property Easement – Acting as plaintiff’s counsel on behalf of private homeowners of a historic Victorian home in Oakland, On Call Trial Counsel was called to the case just two weeks before trial began.  The 16-day trial involved an intricate dispute regarding condominium development, the city planning commission and the proposed building’s adverse impact on our clients’ property.  Archer Norris prevailed and the homeowners won an easement by implication and preserved the value of their property.
• Shopping Center Liability - Retained after jury selection to defend a national supermarket chain in a shopping center liability case.  A young man had entered a store in the shopping center where our client was the anchor tenant and raped two women at gunpoint.  Albertson’s had been acting as shopping center manager on an informal basis, and the §402 hearing judge ruled that Albertson’s had an obligation to hire security for the center.  After the ruling, excess carriers had agreed to a settlement for $1.8 million, but the primary carrier refused to go along, so the matter proceeded to trial.  The jury subsequently awarded only $550 thousand.

FAQ

FAQ

How does On Call Trial Counsel differ from other litigation departments?
Like a SWAT-team, our On Call Trial Counsel attorneys are primed for tough challenges and respond rapidly and effectively.  We have been called in to lead trials even after jury selection started. Our attorneys evaluate cases with a sharp focus and do not hesitate to formulate new trial strategies to achieve our clients’ goals.  As seasoned trial attorneys, we have an outstanding network of experts and firm colleagues that we rely on to challenge testimony. We’ve developed deep litigation resources that help us present novel defense arguments. On Call Trial Counsel is all about the trial, all of the time. 

Why did Archer Norris launch On Call Trial Counsel?
Increasingly, our business and insurance clients sought experienced trial counsel that they could count on – attorneys who can handle complex, and at times, unsympathetic cases.  We have grown our specialized, on-demand litigation group to include a cadre of attorneys trained in specific law disciplines.  Our attorneys are skilled in the use of technical and scientific evidence and persuasive evidentiary techniques.  With little time wasted on trial ramp up and maximum focus on our clients’ case, On Call Trial counsel is a cost-effective and strategic solution for clients’ most important litigation.

How does existing counsel react when On Call Trial Counsel is brought in?
Surprisingly often, the lawyers handling a case are relieved when trial counsel takes over.  Similar to playing in the World Series, teams that have been there before are more comfortable and likely succeed at trial.  Trials demand an intense focus.  It takes a lot of time to prepare the evidence and develop the case. For lawyers who do not regularly try cases, the process can be as overwhelming as a tidal wave – by the time you see it coming, it is too late to do anything about it.

When should I change counsel right before trial?
The legal team involved at the start of the case may not be the right lawyers to prepare your case for trial.  Frequently they have formulated the case based on how they envisioned it proceeding.  Your lawyers are either not prepared to go to trial, or they are too close to the case to evaluate the evidence impartially.  The On Call Trial Counsel team clearly evaluates the case based on the evidence and formulates an appropriate trial strategy in terms a jury can easily understand.