2022 LCA President Michael Ehrenstein and 2019 LCA President Ken DeMoura on Preparing for Trial as a "Hired Gun"

Dear Fellows,

“Hired Gun” Trial Lawyers Balance the Compulsion for Preparation Against the Exigency of Trial

Preparation is our armor. It provides us the courage to wade into courtroom battle, confident in our understanding of the law, knowledge of the facts, and ability to persuade. At some point, every trial lawyer is asked to replace predecessor counsel on the eve of trial. As new counsel we face the daunting challenge of adequate preparation in inadequate time—and we must overcome that hurdle reliant on prior counsel’s efforts and perspective. In these cases, how can we balance our compulsion for preparation against the exigency of trial?

Why I asked LCA Senior Fellow Ken DeMoura

In addition to being past president of the LCA, Ken is an enormously talented trial lawyer. He is the quintessential “hired gun”—a specialist handling the most difficult adversarial matters. He has tried more than 50 cases to verdict and more than 50 arbitrations through award. Ken is routinely called to replace outmatched predecessor counsel on the eve of trial. He has a huge heart and a homespun manner of making the difficult understandable. It is no surprise that clients and attorneys regularly engage Ken when trial looms.

Of course, representing a client who hired you on the eve of trial is vastly different than our routine trial practice. Ethical and practical issues abound. Recently, Ken shared with me his pointers on handling these “hired gun” matters, and I encourage you to watch our conversation HERE.

Our next in-person meeting will be announced shortly.

Steve and Dottie Henry, and the fabulous LCA team continue finalizing plans for our next in person meeting which we hope to announce shortly.

In the meantime, if you will be in South Florida, please let Theresa and me show you some hospitality.

Very truly yours,

Michael Ehrenstein





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Wegner's Rules of Engagement by 2014 LCA President William E. "Bill" Wegner (1950 – 2021), Litigation Commentary & Review, July 2015.