Critical Point Analysis
Critical point analysis is a concept, first developed by David Hawkins, which starts from the idea that any complex system has a specific, critical point at which the smallest input will result in the greatest change. If one could both identify that specific point and spend their time improving that specific area, a maximized improvement would result.
Applying this concept to litigation would result in finding the most efficient place to put your litigation resources.
Critical Point Analysis is exactly what we did at Best Evidence to come up with Jury Appeal. We believe the evidence is clear that witness performance is the critical point at which litigators should aim their resources. Witnesses are going to tell your story to the jury. The perception of your witnesses are going to direct the trajectory of your opponent when it comes to settlement talks because they will either be emboldened or fearful once they take a look at your witnesses. Imagine the glee of plaintiff attorneys when they take a deposition of a defensive, incoherent nurse in a medical malpractice case. Or the fear of a plaintiff attorney when they see a focused, well spoken likeable fact witness for the defense.
You can bet those emotions carry over to settlement talks. Attorneys should put this critical point analysis to work for them by making sure their witnesses are fully prepared before deposition/trial to give a commanding performance.
Tags: Critical Point Analysis in Litigation, Where is the critical point in litigation that resources should be pointed to?
