Tenacity and Creative Thinking Are Always Rewarded

It should not surprise you, but your opponent will play hide the ball and avoid getting pinned down.  Yet many attorneys are not tenacious or creative enough about ensuring victory.  Litigators must think outside the box!  How can you get evidence you need to win your case?  There are always creative ways to locate evidence that your opponent fails to produce.  Here are two examples.

  1. We had a case where it was critical to show that the plaintiff controlled a corporation that had received funds as a result of a lender's mistake.  At his deposition, plaintiff testified that he had not heard of the corporation and had not received money from it.  Most people bank near their homes or work.  We identified the banks within a mile of the plaintiff's office and then subpoenaed records pertaining to the corporation from each of them.  Bingo!  One of the banks produced records, including checks signed by the plaintiff to himself, his wife, lawyer, etc.  Case over.
  2. A lawyer whose client died in a helicopter crash sued the helicopter company, alleging that a defective part caused the crash.  The company did not produce any documents helpful to plaintiff's case.  The plaintiff's lawyer researched other helicopter accidents and learned of a similar accident, which led to the discovery of a prior lawsuit against the company in another state.  After tracking down the other plaintiff's lawyer, obtaining and sifting through old files, there it was - an internal company memorandum recommending a recall of the part.  The result: a $14 million verdict in a case that the lawyer would have otherwise lost.

Tenacity and creative thinking pay off.  Are you doing enough to win your case?

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