Nextpoint Company Blog

The Case of Command v. Have in Litigation

We are really preoccupied with getting command of all of the evidence within a particular litigation. It’s why our customers hire us. True command. Command means a lot of things. It means you know where everything is. It means you can get it. And it means you can do something useful with it.

There’s a tendency with evidence to be content with just “having it”.

Partner: “Do we have those exhibits?”
Associate: “Yeah, they are in that box.”
Partner: “Oh good. We have them.”

It’s simply not good enough anymore. The exhibits in that box need to be commanded. And an oral recitation of key facts is not command, that’s memory. The exhibits in that box need to be searched, categorized and presented quickly and easily with a minimum of friction. They need to be electronic so computers and web servers can do their thing.

We got here because our customers made us care about it. The most skilled litigators we work for are absolutely unrelenting about it. With remarkable consistency they insist on the same thing across firms and across generational lines – access to everything immediately. And why wouldn’t they? Great lawyers have command of their evidence.

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