November 2022 Bar Bulletin
Every litigator is taught from the early days of law school that evidence and the burden of proof are the foundation upon which trial strategy is built. In fact, most cases go through the evidence-gathering phases of discovery but fail to reach trial due to settlement or rulings from the judge, meaning litigators spend most of their careers in the evidence-gathering phase of their case. Consequently, on the rare occasions where cases proceed to trial, litigators focus their case presentations on showing jurors all the evidence that proves or disproves by a preponderance of the evidence the claims in the case. After all, that...