Florida plaintiffs’ attorneys’ tactics do not stay in Florida; they spread nationwide. No one knows that better than Holly Howanitz, Southeast Regional Managing Partner, and Vanessa Romero-Molina, Ft. Lauderdale Partner, who have seen it all. In a recent special webinar, they dug deep into the tactics they see employed in Florida cases and how to combat them. Here are five key takeaways:

1. Plaintiffs’ attorneys know early on which cases to position for trial. There are certain elements which can help drive up damages, like younger plaintiffs, or pain management treatments and surgery. The defense should be assessing cases the same way, looking for red flags and preparing accordingly.
2. Plaintiffs’ attorneys think about the bigger picture, while the defense attorneys get bogged down in details. Starting in deposition, plaintiffs’ attorneys lay traps, use strategies, and set the stage for trial. Defense attorneys need to think about the case as a whole, not just in that moment.
3. Plaintiffs’ attorneys start preparing the jurors during jury selection, selecting jurors most likely to be sympathetic to their case and subtly shifting their perception and understanding of the case and the law. The defense should be prepared to file motions in limine and object.
4. Plaintiffs’ attorneys seek to make the defense experts less credible than their own experts. The defense should come prepared to ask the same destabilizing questions about the opposing expert, such as their payment. At deposition, defense attorneys should keep the testimony to a bare minimum, waiting until trial to put on the best possible show with experts.
5. Plaintiffs’ attorneys use closing to get jurors enraged, employing tactics which make the defense look as bad as possible and emphasizing the harm to the plaintiff. In response, the defense must employ The Apex℠, the defense strategy built to defuse juror anger. In particular, the Core Four are key in closing and will help jurors assess the case through a reasonable lens, relying on common sense rather than anger: Defense must personalize the defendant, accept responsibility, give a number, and argue pain and suffering.

Florida is a jurisdiction with creative plaintiffs’ attorneys who are strategically inclined and work hard to come up with the next best way to win their case—and what they do first, plaintiffs’ attorneys in other states will follow. Fortunately, Ms. Howanitz and Ms. Romero-Molina know the best ways to fight back—and now, so do you.

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