Successful plaintiff attorneys in litigation, particularly in commercial disputes, exhibit unique traits that distinguish and empower them to advocate effectively for their clients. These specific characteristics are pivotal in securing favorable outcomes, often leaving defense attorneys lagging behind.

What do plaintiff attorneys do to be successful?

Successful plaintiff attorneys share a key trait: an unwavering drive to win. This fervor fuels their competitive spirit, enabling them to advocate for their clients fiercely. Moreover, they often employ early jury research for informed discovery and witness readiness, solicit ongoing input, and stay flexible in embracing new tactics.

Understanding the characteristics of successful plaintiff attorneys and knowing how to counter can significantly enhance the performance of defense attorneys. 

1. Early, Proactive and Continuous Jury Research

Plaintiff attorneys use early jury research to guide their discovery process. They tailor their case based on initial juror feedback to ensure that their case themes and strategies are well-grounded in what resonates with potential jurors.

Successful plaintiff attorneys also have a solid understanding of jury decision-making. They achieve this by conducting rigorous research and often employing a test-retest methodology. These numerous mock trials and focus groups help them fine-tune their arguments and assess the diverse reactions of the jury. 

How to Handle a Well-Prepared Plaintiff Attorney

The defense must also come well-prepared to effectively deal with a well-prepared plaintiff attorney. Defense attorneys should adopt a proactive approach to jury research and initiate these efforts as early as possible. Rather than waiting until discovery is complete, they can begin with initial focus groups to gauge juror reactions to key elements of the case. Early feedback will provide insights to help inform discovery strategies, tailor witness preparation, and guide the litigation plan. 

A proactive approach to handling a well-prepared plaintiff attorney should include:

➔  Early jury research (focus groups)

➔  Detailed jury profiling

➔  Mock trial(s)

➔  Consulting with experts

➔  Open feedback loops with other attorneys

Defense teams can also utilize the test-retest methodology to refine arguments, themes, and presentations. An excellent counter strategy means the defense attorney is always one step ahead in understanding jury decision-making. A proactive approach enables defense teams to adjust their strategy early to align with juror expectations and perceptions.

2. Continuous Feedback and Improvement

Plaintiff attorneys often seek and value critical feedback on their performance, whether it’s their assumptions about liability or damages, witness questioning, opening statements, or overall trial strategy. Staying open to rigorous scrutiny helps them use feedback to improve continuously.

Feedback Strategies for the Defense

Defense attorneys should focus on continuous improvement through feedback. Two key approaches are leveraging jury psychology consultants and engaging in peer reviews. By analyzing insights from both sources, attorneys can enhance trial strategies and presentations.

The assistance of litigation consulting professionals will help defense attorneys better plan their strategy, improve their demeanor to affect the jury, and test different techniques during mock trials and focus groups. 

Other ways to improve defense strategies and gain valuable feedback include:

➔  A firm culture where attorneys critique each other’s case strategies and trial performances, including regular internal reviews and practice sessions.

➔  In-depth case analysis sessions to help attorneys learn from past successes and failures. 

➔  Mentorship programs are valuable tools to share information and experience between attorneys. 

➔  Attending workshops/training sessions with jury psychologists and reading articles or listening to podcasts helps defense attorneys stay informed of the latest jury research. 

➔  Post-trial debriefs, conducted internally and/or with outside jury consultants, help attorneys better understand juror decisions and refine strategies for the future. 

3. A Desire to Win and Willingness to Evolve and Adapt

One of the defining characteristics of successful plaintiff attorneys is their intense, almost obsessive desire to win. Scientific research shows that intrinsic motivation and rewards are the most important factors that determine life and work satisfaction. The fierce determination to succeed motivates successful plaintiff attorneys and drives them to continuously evolve, becoming formidable opponents. They are adaptable, flexible, and constantly seeking new methods to enhance their effectiveness, making them tough adversaries for the defense.

Tips for Defense Attorneys to Stay Agile

Defense attorneys need to embrace a mindset of continuous evolution to stay agile. Here are some suggestions and techniques to start with:

➔  Follow the latest and most recent developments in legal practice.

➔  Incorporate new technologies into existing strategies. 

➔  Work with experts like top litigation consulting firms for fresh ideas.

➔  Stay open to innovative trial strategies. 

➔  Attend legal seminars. 

➔  Take professional development courses.

➔  Promote a culture of ongoing learning at the firm. 

Defense attorneys need a passion for winning, driven by a mix of professional duty and personal commitment. To nurture intrinsic motivation, they can engage in self-motivation practices and seek meaning, connection, and belonging. Firm culture and teamwork, along with mentorship and setting ambitious goals, all contribute to fueling the internal drive for success.

Counter Strategies and Courtroom Sciences

While the characteristics of successful plaintiff attorneys often set them apart, defense attorneys can use similar strategies and achieve favorable outcomes for their clients.

To effectively counter successful and tough plaintiff attorneys, defense attorneys must implement a structured approach that focuses on key elements: 

Team Training and Development:

○  Regular training sessions on jury psychology and trial strategy.

○  Workshops on effective communication and persuasive arguments.

Early Case Assessment:

○  Conduct early focus groups to inform case strategy.

○  Use juror feedback to guide discovery and witness preparation.

Continuous Feedback:

○  Regular practice sessions with peer reviews.

○  Work with consultants for expert feedback.

Mindset:

○  Set clear, ambitious goals for each case. Define a “win.”

○  Foster a team environment that thrives on collective success and the relentless pursuit of victory.

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  A plaintiff attorney’s success in litigation, especially in commercial disputes, is marked by distinct characteristics.  

●  Understanding the characteristics of successful plaintiff attorneys and knowing how to counter can significantly enhance the performance of defense attorneys. 

●  Continuous self-motivation practices and other strategies, such as finding meaning, connection, and belonging, can help fuel intrinsic motivation. Firm culture can also play a big part in activating intrinsic desire and rewards. 

●  Defense attorneys should adopt a proactive approach to jury research and initiate these efforts as early as possible. Rather than waiting until discovery is complete, they can begin with initial focus groups to gauge juror reactions to key elements of the case. 

●  While the characteristics of successful plaintiff attorneys often set them apart, defense attorneys can use many of the same strategies to achieve favorable outcomes for their clients.