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VIDEO · 20 JUNE 2025

Leveraging Bad Facts To Win At Trial

Proskauer Rose LLP
Proskauer Rose LLP
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Jurors value honesty over perfection— your credibility is your most powerful tool in the courtroom

United StatesLitigation, Mediation & Arbitration
David Fioccola
David Fioccola
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Jurors value honesty over perfection— your credibility is your most powerful tool in the courtroom. Proskauer partner David Fioccola shares how confronting bad facts head-on can strengthen your case and turn vulnerabilities into strategic advantages by mastering your narrative and leading with integrity.

Transcript

David Fioccola: Leveraging bad facts at trial are not fatal to your case. They're really just opportunities. When you're facing a bad fact, you really want to get it out in front of the jury in your opening. You want to get out in front of it so you can control the narrative and the tone, and you don't want the jury to think you're hiding the ball and have your opponent raise it for the first time.

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