Have you ever been prepping for trial, and the partners are seeing the evidence with rose-colored glasses? The other associate and I try to flag areas where we have real risk that certain evidence won’t come in or may not be perceived as favorably as they think, and they just don’t want to hear it. The evidence is what it is at this point, but I can’t understand not prepping for a situation where some of it doesn’t come in. Should we just stop trying?

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Every partner I ever worked with lol

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😂😂

Make sure your position has been sent to the partners in writing.

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This I know an associate who flagged huge issues and got blamed later

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Yes every time and not just for trial either - same goes for dispositive motions and mediation prep

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Only with bosses who haven’t gone to verdict.

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I hear this. But also consider whether the partners have more experience and likely know that even though you academically think the evidence won’t come in because of law school 101, it does because the real world is different. Happens all the time

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Fair point to remember, and of course the partners have more experience. But I’m 8 years out, and my fellow associate is 7. Between the both of us, we aren’t looking at this from a law school perspective.

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No. That's odd. I always play devil's advocate and try to imagine the other side's arguments and what kind of smoking guns they might try to find or use as impeachment.

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Same. Every trial I have done, I have approached it this way. That’s why I find this so shocking. To each their own…

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Don’t know anything about your case facts so hard to comment on your situation. But, after 50+ civil jury trials and a decent understanding of who the judge is, I often have more insight than my associates. Having said that, I never disregard anyone’s opinions. I may consider it and reject it, however (or accept it). At the end of the day, it’s my as on the line and I get paid to make those calls.

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