During trial, strategic and tactical judgments are made by attorneys on behalf of their clients. These judgments during trial are oftentimes based on unexpected rulings or surprise testimony and need to be made quickly. They can often affect the outcome of the case with regard to both liability and damages. This article will discuss the nature of these decisions, scenarios where claims may arise, and defenses available to counsel.

Formulating a Litigation Strategy

In New Jersey, attorneys have a duty to timely formulate a reasonable litigation strategy. However, when trial counsel is unsuccessful in obtaining a favorable expert opinion, it is not the standard of care to shop for a favorable expert once unfavorable opinions are obtained. See, Soult v. Mattioni, A-2619-07T2 (Feb. 20, 2009)(plaintiffs argued that the defendant attorneys had a duty to search for medical experts to establish injury and causation. The Appellate Division disagreed, holding it is not the standard of care to shop for a favorable expert once unfavorable opinions are obtained.).

Strategy in Interviewing Witnesses