We’ve all been there — something happens in life which requires you to adapt quickly or face sudden failure. For trial lawyers, those “things” often happen on the eve of trial, making adaptation exponentially more challenging. At W&B, it is our goal to face those challenges deftly and with confidence.
Recently, we tried a high-value case where a co-defendant — seemingly the “target defendant” — settled three days before trial. Suddenly, we were left with a decision: should we continue with our defense strategy as planned or call an audible and incorporate the newly available “empty chair” defense?
Fortunately, we were prepared for this contingency and were able to shift quickly to take advantage of an empty chair defense — where we used Plaintiffs’ own experts against them, demonstrated that Plaintiffs were misplacing their blame, and established greater attenuation in the chain of causation. Instead of viewing this change in circumstances as a “problem” for our defense, we embraced it and took advantage of it — resulting in a very favorable resolution midway through trial.
At Waranch & Brown, we believe that it is important to be ready to try any version of your case — not just the version we expect. If you need assistance with your case or would like to discuss potential defense strategies, we are here to help.