The trial attorney should rely on questions he or she has used in the past which support these key concepts. Since most litigation will be complex and commercial, plaintiffs will want to capitalize on the status of the defendant as a large uncaring corporation, and then contrast that with the status of the plaintiff as a small firm. This theme can be illustrated by the David vs. Goliath analogy. Plaintiffs should also focus on the lack of defendant's effort to properly test their product or inform the consumer of potential problems. Jurors will be quick to focus on lack of foresight and lack of precautions by the defendant to protect end-users.
Plaintiffs can also develop the corporate greed approach.
It is critical that plaintiff take advantage of these factors when preparing an effective case theme. The selected case theme should also facilitate identification of the juror to the plaintiff. Y2K cases will also face the defenses common to most trials. Traditional defenses including, statute of limitations, bankruptcy, sovereign immunity, and lack of ripeness, any of which could dispose of the case pretrial. Since these issues are dispositive, jurors will never hear them argued.