It is important that litigators be articulate and persuasive. Being able to think on your feet and succeed in the cut and thrust of debate and courtroom argument are critical skills in dispute resolution. However, there is another set of skills that can be equally important. Successful litigators know how to build cases.
One way that successful litigators build cases are by gathering and analyzing the relevant facts and law. A good litigator will have investigated and learned the strengths and weaknesses of their case long before trial. Ideally, significant research into the facts and law will occur even before the first communication is sent to the opponent. An important aspect of this is understanding where parties have strengths and weaknesses. All parties to litigation have strengths and weaknesses in their positions. One way that litigators build cases is to identify these and effectively navigate around or through them.
Helping experts perform to their best is another way that litigators build cases. Typically, experts need a strong foundation in fact and need to be given a proper mandate. In the absence of a proper foundation and a proper mandate it can be very difficult for experts to do their job effectively. This often sets up the expert to be far less effective than they might otherwise be.
Litigators can help clients do other things to build their positions. For example, parties can often improve their position by registering intellectual property rights, re-designing technology, or putting new and improved contracts in place. These activities, many of which can occur after the dispute first arises, can often position a party for improved success.