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Trial Methodology

Trial experience enables us to build the value of your Court case.

Our firm’s Trial Methodology is designed to maximise the value of claims (or minimise the cost of defending claims).  Most cases are about money.  Some cases are about principle.  Justice is often doled out in monetary judgments. 

The firm’s Trial Methodology looks at how to value, build, settle or try your case. 

VALUE – BUILD – SETTLE – TRIAL

We discuss each aspect of the methodology below.

Value

Case valuation depends on the following factors:

  1. Liability – who is at fault / responsible;
  2. Damages – how much money is at stake;
  3. Costs – recovery of legal fees, expert fees and disbursements; and
  4. Collection – the ability to get paid.

Case valuation issues rely on facts, law and advocacy.  Advocacy is key to turning facts into evidence to advance a persuasive case.

Build

Building a case is a 3-step process:

  1. Gather information;
  2. Process information; and
  3. Present information.

Gathering information is important, but advocacy focuses on processing and presenting information.  Processing information is trial preparation.  Presenting information may be done up to and including at trial, through pleadings, discoveries, expert reports, mediation briefs, pre-trial conference briefs and in testimony at trial.

Settle

The key to maximising (or minimising) settlement value is to prepare all cases for trial.  In other words, to put your best foot forward.

Settlement makes sense where a case is fully built, appropriately valued and the other parties to the claim are amenable to resolution.  If the other parties do not agree with a reasonable resolution, it is appropriate to make an offer to settle that can be beaten at trial to recover as much in costs as possible.

Trial

Our expertise is trial advocacy.  We conduct and consult on a significant number of pre-trial conferences and trials for law firms, business and individuals.

Through trial experience, our Trial Methodology relies heavily the 6 Trial Fundamentals when it comes to preparing for trials and conducting trials:

  1. Story – every claim needs a persuasive story;
  2. People – witnesses convey the story;
  3. Documents and things – support for the story;
  4. Law of evidence – determines what facts become evidence;
  5. Trial procedure – how trials play out; and
  6. Substantive law – what needs to be proven to succeed.

We have written books and articles on the 6 Trial Fundamentals, including HOW TO WINg A TRIAL and taught the concepts to law firms, lawyers, paralegals, law firm staff, articling students, law students and even self-represented litigants.

Our Trial Methodology Applied to Your Claim

We apply the above value-build-settle-trial methodology to every claim, with emphasis on the 6 Trial Fundamentals.

The focus of our work is on trial advocacy in pre-trial conferences and trials before the Ontario Superior Court of Justice and in private arbitrations.  We work on Jury and Judge alone trials. The types of claims we’re involved in are business disagreements, personal injury claims and class actions. 

Much of our work is for law firms and lawyers to help them advance civil trials.  We also work with businesses and individuals as they pursue claims. Our services include online trial resources, trial consulting and trial representation. 

Fees are quoted case-by-case, on a fixed fee basis whenever possible.  We have hourly, daily and weekly rates.  A contingency fee (percentage) or hybrid fee (base + success) is possible for suitable cases.  You need an adequate return on legal fees for your investment of time and money in a claim.

To summarise, we help law firms, businesses and individuals value, build, settle and try claims for maximum value.

If this Trial Methodology appeals to you in the handling of your claim, please get in touch to explore working together.

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Hassell Trial Counsel
111 Greensides Ave
Toronto, Ontario M6G 3P8
Canada




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