Trial preparation must occur at the onset of any dispute. At multiple points throughout the litigation, especially after discovery is complete, trial counsel should review their trial budgets and revise them, if necessary, to ensure that they account for new issues revealed in discovery. After discovery is complete, trial counsel must assess the need for certain motions (motions for summary judgment, motions in limine, etc.) and witness preparation, among other pretrial tasks. Before fully moving forward with trial preparation, counsel should discuss any revised trial budget with his or her client and revisit any viable settlement options.
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