Approach to Litigation
Litigation can be very complex. Sometimes the complexity is in the applicable law. Sometimes the subject matter and facts are complex, often because they involve technical processes, science-based issues, or economic analysis. These types of litigation require an attorney capable of mastering all aspects of the litigation. If an attorney cannot master the subject matter, he will never truly understand the facts or the best way to present them.In fact, without a thorough understanding of the subject matter, an attorney may fail to even discover important facts. During the discovery phase of a litigation, there may be only one opportunity to gather certain information through depositions or written discovery. An attorney must know the right questions to ask, the right way to ask the questions and, when a response is given, the right follow-up questions.
Of course, experts often play a critical role in discovering and establishing factual issues in a litigation. It is not uncommon for a litigant to pay an expert to accompany the attorney to a deposition and suggest questions for the witness, in order to ensure that the attorney’s lack of understanding does not result in failure to discover important information. While this can be a helpful compensatory strategy, it is far more effective (and efficient) to avoid having separate silos for legal expertise and technical understanding.
Steve has degrees in math and physics, as well as a strong background in finance and economics from his prior life as an actuarial consultant. His approach to litigation integrates legal and technical analysis to distill the essential issues in a complex litigation, thoroughly investigate those issues, and present the relevant information simply and persuasively.