January 31, 2018 | Business law, Divorce, Family Law, General, Personal injury, Workers' compensation, Wrongful death

written by: Justin High

The decision to settle case or go to trial is always a call that the client gets to make, not the lawyer. But, a more complete answer to the question “do I have to go to trial?” is that there are many cases where a trial is necessary to get a fair outcome, and if you’re prepared for trial, it drastically reduces the fear and anxiety of being in a courtroom.

[click here to learn more about why we win when we go to trial.]

As an attorney, I constantly remind myself that I may have been to trial hundreds of times, but my client hasn’t. When I first start working with a client, most of them don’t know what to expect out of a trial. Most of the people I represent may have been to court once or twice, but rarely have they been to a real trial.

For most people, their concept of a trial comes from TV and movies. I hate to admit it, but I have never had a Daniel Kaffee/Col. Jessup moment in trial where I’m yelling “I WANT THE TRUTH” at the top of my lungs. That isn’t to say that trials can’t be exciting and fun. But, at this point in our careers, our attorneys have been through enough trials that our method of preparation takes out all of the surprises.

A long time ago, I learned that the best way to get a good outcome for my clients was to prepare every case as if it was going to go to trial from day one. We make sure our pleadings are accurate and complete.

We make sure our discovery is thorough and we have a full understanding of the facts of the case. We make any necessary pretrial motions and make sure all our evidence is admissible. That way, when it comes time to try a case, all we have to think about is the trial. And, by working with our clients through that process, our clients are also prepared.

Sometimes, that’s not enough to make a client comfortable! One of my favorite tactics to prepare a client for trial (or a deposition for that matter) is to let another one of our attorneys do a mock examination of our client with pointed, high pressure questions. That way, the real thing is considerably easier. 

No one can make you go to trial if you don’t want to, but by offering an unreasonable settlement or ignoring the facts of the case, they can make a trial necessary to get a just result. But, through preparation, hard work, and practice, we take the anxiety and worry out of the process for our clients.

About the author: Justin High
Justin High is a trial attorney in Omaha, NE., and has been trying cases for over ten years.

He has handled hundreds of cases in State and Federal Courts in Nebraska and Iowa. Justin has argued and won a variety of cases in the Nebraska Court of Appeals and Supreme Court. Outside the courtroom, Justin has presented at dozens of seminars educating clients and other attorneys on subjects like Electronic Discovery, Workers’ Compensation, and Personal Injury.

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Personal Injury, Divorce, workers comp lawyers in Omaha