People call us all of the time looking for the “best lawyer” for whatever area of law their case involves. We have written about the qualities of the “best Chicago workers’ compensation lawyer” or the “best Illinois personal injury lawyer.” Those posts are still valid. But recently I was talking to a great car accident attorney that we send cases to, and he reminded me of something that the best trial lawyers do.
The first thing to know is that in civil cases, not every lawyer is really a trial lawyer. A lot of lawyers want cases, but do not actually want to do the hard work to get a case ready for trial. They are hoping a defendant just pays.
The second thing to know is that ironically, the best way to get a case to settle and avoid trial is to do all the hard work. This is what the best Illinois trial lawyers do.
Trials are a risk for both parties. They happen for reasons including:
- There is a gap between the parties as to what the case is worth and neither side will budge off their demands.
- One party refuses to be reasonable. This happens a lot in medical malpractice cases.
- Someone’s case is terrible and they won’t acknowledge it.
But the biggest reason that a case goes to trial instead of settling is because you hired the wrong law firm. If they don’t do the hard work up front, it will hurt you in the end. Some common mistakes include:
- Failing to secure the evidence quickly. This is really important in truck crashes and slip and fall cases, but true in general in every case. Maybe you find a witness that nobody else does. Maybe you secure and investigate a black box in a vehicle. This stuff makes a huge difference.
- They do not hire the best experts. Almost every civil lawsuit needs some sort of expert witness to testify on your behalf. It is mandatory for medical malpractice cases. These experts can make or break your case.
- They did not rock discovery. Before you go to trial, a pseudo trial happens with depositions and written discovery. This is your chance to make your case and show the other side how strong your position is. Some attorneys float through this process. It hurts the clients. An aggressive lawyer will get the documents that the other party hoped you would never find out about. In one case we were involved in, the defense attorney swore there was only $1 million in insurance coverage. The lawyers we recommended discovered a hidden corporate owner that made the case worth more than $10 million.
The attorneys who do this stuff well are truly the best trial lawyers in Illinois because they understand that the trial starts the moment they are hired, not when they file the lawsuit or appear before a jury. They are always ready, willing and able to try a case and will when it makes sense. But they get the best results for their clients because they can avoid the stress and risk that a trial puts on a client and still get an amazing outcome.
By the way, a lot of these men and women really love going to trial. Trials are exciting. They can be great publicity for their law firm. They look good on a website and in a newspaper. But the goal they all share is doing what is bet for the client. And that means that they kick ass from the get go, not just when the bright lights are on them.
