At Frost Law Firm, PC, we’re proud of the numerous mesothelioma and personal injury cases we’ve helped clients with and take great pride in sharing some of the stories behind those victories in court. Below is an excerpt from a newsletter we sent out recently, written by Scott Frost:
There’s an old saying in asbestos litigation: the defense buries you in paper.
Every morning you walk into the courtroom to a new stack waiting at your desk. That’s how big firms with big resources try to control the pace of trial. They’re betting that if they overwhelm you with paperwork, you’ll lose focus on the story you’re there to tell.
Going into our last asbestos trial, we decided to flip the script.
We built a simple theme into our trial plan: Every day a new motion.
Every single morning, defense counsel had something new to respond to.
We brought motions, offers of proof, clarifications, and requests to supplement the record.
We were producing precise written work about what was happening in real time, creating a clean appellate record and educating the judge about the issues as they arose.
I try every case for verdict and appeal. That means I want the record airtight. Nothing sloppy. Nothing assumed. If something is unclear, I file. If something needs preserving, I file. If I think there’s any chance an appellate court might need it later, I file.
When you do that consistently, something interesting happens:
The court starts paying closer attention.
Defense counsel gets a little more careful.
Everyone becomes acutely aware of what the record will look like if the case goes to appeal.
Because you’re telling them, without ever saying it directly, we’re ready to take this all the way.
This strategy isn’t new to me. I used it years ago against a large Washington, D.C. defense firm.
On a Friday, we filed ninety motions. Yes, ninety.
When court resumed Monday, defense counsel told the judge they couldn’t possibly respond in time.
The judge asked how many attorneys worked at their firm.
Then said, “Well, in California, if you don’t respond, they’re granted. How are you going to deal with that?”
The case settled very shortly after.
Big firms count on being the ones who overwhelm. But when you have the firepower, and the discipline, to reverse that dynamic, everything changes.
You change the pace.
You change the pressure.
And very often, you change the outcome.
If you’re looking for someone who won’t be intimidated by bigger firms with bigger resources, I’m here.
– Scott Frost
P.S. Big defense firms count on overwhelming the other side. If you want trial counsel who knows how to flip that dynamic, reach out.
If you’d like to learn more about Scott’s philosophies and courtroom tactics, feel free to check out the best-selling book he co-authored entitled Flip the Script.
