By Steven R. Young, Board-Certified Civil Trial Advocate | Law Offices of Steven R. Young
Most business disputes settle. But “most” is not “all,” and when your case is headed toward trial, the decisions you make in the months beforehand will determine whether you walk out of that courtroom with a verdict or a regret.
After nearly 200 civil trials over 45 years of practice in Orange County, I have watched well-funded companies lose cases they should have won, and I have seen smaller businesses prevail against larger opponents when they prepared correctly. The difference is rarely the strength of the underlying facts. The difference is almost always preparation, strategy, and choosing counsel who has actually tried cases to verdict.
Three Questions Every Business Client Asks Before Trial
1. Can we still settle once litigation has started?
Yes, and in California you should always be evaluating that question. Courts encourage settlement, and smart litigants use discovery and pre-trial motions strategically to shift the leverage. A deposition that reveals a witness contradiction, a successful motion in limine that excludes damaging evidence, or a strong summary judgment ruling can all reset the settlement calculus. Experienced trial counsel works every pretrial tool to improve your position at the negotiating table, even when your goal is to avoid the courtroom altogether.
2. What makes a business case hard to win at trial?
Jurors are skeptical of corporations. They come in with assumptions about motive, about power imbalances, and about who is most likely telling the truth. If your case requires jurors to believe that your company acted in good faith when the documents tell a complicated story, you need a trial lawyer who understands how to frame that narrative for a lay audience. A legal argument that makes perfect sense to a judge can fall completely flat in front of twelve people who have never read a contract. Voir dire, witness preparation, and opening statement are where business cases are won or lost, and those skills are built in courtrooms, not conference rooms.
3. Should we hire a trial specialist or our regular business attorney?
This is the most important question, and the answer depends on your case. Many excellent transactional and business attorneys are outstanding at negotiation, drafting, and legal strategy. Fewer have tried dozens of cases before juries. If your dispute is heading toward trial, you want someone at counsel table who has been there before, who knows how Orange County juries respond to certain types of witnesses, and who has the courtroom instincts that only come from experience. That does not mean replacing your existing counsel. It often means adding a trial specialist to your team before the litigation calendar locks in.
The Cost of Waiting
In California state and federal courts, trial preparation timelines are tight. Courts impose strict discovery cutoffs, expert designation deadlines, and trial readiness requirements. Waiting may make it too late to prepare a powerful trial strategy. If you have a business dispute that may be heading toward litigation, the time to evaluate your trial strategy is now.
Steven R. Young is a board-certified civil trial advocate based in Orange County, California, with 45 years of experience and nearly 200 civil trials to verdict. If your business is facing litigation or preparing for trial, call (714) 673-6500 or visit juryattorney.com/contact-us/ to discuss your case.
