Our Approach to Litigation

Kerr & Wagstaffe attorneys maximize success by preparing for trial from day one. Though the vast majority of our cases resolve before trial, our experience shows that clients get the best results when we focus from the start on what it takes to win. Our results bear out the strength of that approach.

Telling Your Story

Preparing for trial means putting together an effective strategy for communicating our story to juries, charting a course of motion practice to set up the case in the optimal position, and seeking out the key evidence that will have the maximum impact on the ultimate decision-makers.

In short, we help our clients tell their stories to juries. Building from a base of technical expertise and rigorous analysis, we develop our cases around the narratives that allow jurors to grasp the critical concepts and frame the facts in the way most favorable to our clients.

Precise Legal Theory and Procedure

At the same time, we establish and maintain credibility with judges, laying the groundwork for victory at trial through effective motion practice. Our lawyers literally wrote the book on federal civil procedure—authoring and contributing to the leading practice guide—and train new federal judges every year on how to manage their cases. Whether in court on a discovery dispute or arguing at critical Markman or summary judgment hearings, we take every opportunity to reinforce our clients’ reputations, and to help the court side with our clients by establishing the legal and factual footing for our positions. We do not take a scattershot approach to motion practice, but only seek relief when doing so will help our clients win—a practice that helps us prevail when it counts.

Cost-Effective Control of Discovery and Strategy

We approach discovery with similar focus. By targeting the evidence necessary to prevail at trial, we take control of discovery without letting it take control of us—or our clients. Our lawyers efficiently seek out the key documents and testimony that will have the maximum persuasive force, and we utilize cutting-edge technology to avoid unnecessary expenditures on document review. We keep our case teams lean, and don’t expect our clients to pay for junior attorneys to learn on the job. Each attorney understands both the global strategy and tactical details of the case, so all of our effort is focused on improving the outcome.

We are often asked to step into existing cases to help formulate strategy, to handle especially difficult issues, or to protect a client’s right to their selected counsel when challenged for an alleged conflict of interest. Though we practice in federal courts around the country, we bring particular familiarity with the Northern District of California, where many of our attorneys clerked.

We welcome you to learn more about Our Firm and Our Team. Contact Kerr & Wagstaffe to discuss how we can help you.