Trial Starts at Intake by Emily Warnimont
Recently, I had the opportunity to attend The Art of Outsmarting, a trial skills conference focused on
case strategy, preparation, and advocacy. As a newer attorney, I had an invaluable experience
learning from some of the nation’s most accomplished trial lawyers, including Keith Mitnik.
One theme appeared throughout nearly every presentation: trial preparation begins long before a case reaches the courthouse. In fact, it begins with the very first client interaction.
While many personal injury cases ultimately resolve before trial, the most effective advocates approach each case as though a jury may someday hear it. From intake and investigation to medical records, damages, and case framing, every step should be taken with trial readiness in mind.
One of my biggest takeaways was that thorough preparation creates leverage. When insurance
companies recognize that a case has been carefully developed and that an attorney is prepared to
present it to a jury, it can significantly strengthen a client’s position during negotiations.
The conference challenged me to think differently about issues such as prior injuries, low-impact
crashes, damages, and overall case strategy. More importantly, it reinforced the idea that successful
outcomes often result from preparation long before litigation begins.
I left motivated to continue developing my skills and grateful for the opportunity to learn from
attorneys who have spent decades mastering the craft of trial advocacy.
