How can I customize my litigation strategy by using Gavelyics?
- Because meaningful data about how judges differ form one another has historically been impossible to acquire, litigators have been forced to use the same litigation strategy for a given case, regardless of who the judge is. This is wrong. Just as litigators customize their briefs to the facts and law of a particular case, so too should the modern litigator customize their strategy to the judge.
- Suppose, for example, that your judge seldom grants discovery motions and, in fact, grants them substantially less often than the average judge in the jurisdiction. Armed with this knowledge, a litigator could (and should!) write his brief, and argue the motion, differently and could keep his client better informed about the probability of success. Indeed, one could even choose not to file such a motion at all.
- Also consider a judge who hasn't seen a particular motion in the last 3 years. Knowing this key fact would enable a litigator to write the brief with more focus on the applicable standard. Conversely, if a judge has seen dozens of some other type of motion over the last year, a litigator could be more free to spend less time covering the applicable legal standard in great detail.
- Knowing how a judge tends to rule is useful not only when writing individual motions but also when mapping out the case strategy at the beginning of a case. If your judge seldom grants summary judgment motions, a skilled litigator could prepare accordingly, gear up for trial, and keep the client better informed.
- The possibilities are endless. Inside, meaningful knowledge of the judge is true power.
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