Brainstorming Your Way to a Winning Case Strategy
Complexity obstructs effective thinking. They involve dozens of witnesses and organizations, hundreds of critical facts, and hundreds, if not thousands, of documents. Brainstorming sessions can help one deal with case complexity problems. Early in case preparation, brainstorming helps one flesh out the critical factual disputes and set goals for discovery. As trial approaches, brainstorming helps one assess case strengths and weaknesses, develop themes, and finalize trial strategies. One should plan to hold a number of brainstorming sessions as he works up a case. If people represent the plaintiff, they should hold their initial brainstorming session before filing the case. And if one represents the defendant, he should hold the session within weeks of filing. To conduct the session one should review goals, agenda and ground rules.