Legal Consult
Early assessment of a problem, careful
analysis of the issues involved and
development of a strategy to guide the
matter to an early resolution. These are
the essential ingredients to deal with
any problem.
The trial approach is a laser focused investigation of the important facts and identification of the real business and legal issues that drive the dispute. Application of a trial approach early on, and at every stage, avoids unnecessary expenditure of the client’s time, effort and money. There are two parts needed to employ the trial approach. The first part is the expertise and experience in procedure, tactics and strategy to navigate the case before, and through, court proceedings - whether tried to a court or a jury.
The second part is the expertise and experience in the business and legal subject matter that governs the issues to be tried. However, neither of those skills is the most important part of preparing for and trying a case or developing the right strategy for managing a dispute. Rather, it is the client’s business considerations and goals that are paramount - and must be woven into any litigation or trial strategy. This is only achieved through excellent communication, creative thinking and application of a strategy that at all times is guided by the client’s business goals.
Legal Consult
Jim is a team player and has always replaced ego with identifying the best lawyer to try a particular case and handle the various tasks in preparing for trial. He has tried many cases with other firms as co-counsel, either behind the scenes or on the front line in the courtroom. He also has the experience of working with criminal counsel where there is potential or pending criminal charges that must be considered, and may even dictate, trial strategy. Jim’s temperament and affable personality have made it easy for him to assimilate with other lawyers within his firms, with outside counsel and with in-house counsel or other client representatives to work towards the common goal and do what is best for the client. He has tried matters with partners of other firms, general counsel of the client or other business executives. In short, Jim has the capacity to work with anyone to achieve the best result or solution for the client. And, he can help you assess the risks and benefits of trial, arbitration or resolution through mediation - and then plan a strategy to pursue the best of those options in the least disruptive, and cost-efficient manner.
Jim has been asked by clients for his guidance and advice when the dispute is first recognized, 10 days before trial, in the middle of trial, post-trial, and all times in-between. At any stage of a dispute, laser-focused analysis and forward thinking strategy are what Jim does best to successfully manage and guide the client to the best business resolution.
What to expect:
Jim approaches a client’s problem as a trial lawyer: result-oriented and razor-focused on the real issues in the dispute. He regularly acts as a trial consultant or co-counsel to assist in, or direct, the preparation for trial - including theme development, witness preparation, expert witness identification and selection, risk assessment, trial briefing and focusing the trial team on the critical issues to be tried. There is no substitute for excellent and thorough strategic preparation to avoid potential debilitating surprises and/or “ambush” during trial. Over his trial career, Jim has developed a series of templates for trial preparation and strategy at the various stages before trial. He has used these to present programs to in-house counsel to help them direct, assist and monitor outside counsel’s trial preparation and trial performance.
Jim is a teacher of trial skills and enjoys coaching younger lawyers searching for experienced guidance in trial preparation and the nuances of trying cases. He has honed these educator skills by volunteering his services as a trial instructor for the National Institute of Trial Advocacy (NITA) for over 30 years. During that time, Jim has helped literally hundreds of young litigators from all around the country learn, grow and improve their trial skills - an invaluable and rewarding experience he has treasured in his career.
Clients retain Jim’s trial and litigation strategic advice when they are confronted with well-intentioned conflicting assessments of a dispute from in-house counsel, outside counsel and company personnel. When clients need a dispassionate, objective and independent business/legal assessment of what should be done, they call Jim. Other times, the parties to a dispute have hit an impasse and the communications between them (and sometimes their counsel) have simply broken down. Jim can bring a well-needed different perspective to dealing with the conflict, or break an internal impasse, and provide a fresh, independent and objective assessment. He has also been brought in to help mediate a case where the relationship between counsel is not conducive to fostering a realistic settlement. Clients have come to value Jim’s calm, analytic, business-focused strategic advice in these instances.
Fitzgerald Legal Consult, P.C. works with clients to develop the best basis for charging for its services - flat fee, project based fee, phased flat-fee rates, and hourly or blended hourly rates. We are flexible and adapt our fees to best suit your needs.