Lead Counsel

Having the same counsel for all the plaintiffs in a group should result in a unified trial plan and permit the court to hold one individual accountable for managing the flow of evidence. To achieve equivalent results on the defense side, some courts have formulated trial ground rules that require defendants to select individuals to represent all the defendants in opening and closing arguments and cross-examination of witnesses. Only if a witness specifically identi­fies a defendant’s product can that defendant’s counsel conduct a supplemental cross-examination. Even if the counsel assigned to a particular witness has settled a client’s case, the court expects that lawyer to follow through on the examination of that witness.