Firm-Wide blog

If You Want a Great Outcome, You Prepare for Trial

By Burg Simpson
January 5, 2022
4 min read

Burg Simpson’s Commercial and Litigation Attorneys are Trial-Ready.

By Burg Simpson Shareholders and Trial Lawyers David P. Hersh and David K. TeSelle

“If you want peace, you must prepare for war”.

Wisdom passed down for generations, from Von Clausewitz to Vegetius to Sun Tzu, advises us that the only path to a great settlement for your lawsuit is to prepare to take your case all the way to win at trial. While most lawsuits settle, only those who prepare to win at trial, and have a proven history of trial success, achieve the most successful settlements.

We are often asked – What is the value of my lawsuit? What are the risks? The answers to those questions depend on a number of factors, including, is your opponent willing to take you to trial? If so, does your opponent fear you at trial? Are there factors driving your opponent to settle short of trial? And if the case goes to trial, what a jury would award you if your case actually went all the way. The only proven way to achieve successful results is to hire the right trial team who has the track record and experience to win your case.

Burg Simpson’s business and commercial litigation attorneys will prepare your case for success at trial from the very first day of your representation. The vigilance of our firm’s litigation team means our client’s business and commercial litigation cases are often won long before we proceed to trial. At Burg Simpson, our business and commercial litigation attorneys are trial-tested, and we are trial-ready.

The trial lawyers at Burg Simpson are equipped with the resources, experience, and knowledge to help you with your commercial or business litigation matter. Our clients include:

  • Individuals
  • LLCs (Limited Liability Companies)
  • Corporations
  • Limited partnerships
  • Sole proprietorships
  • Family businesses
  • Investors
  • Beneficiaries
  • Vendors
  • Suppliers
  • Consultants
  • Professionals
  • Government Entities

If you have an issue related to commercial or business law and need assistance in devising a successful litigation strategy, the trial attorneys at Burg Simpson are eager to help resolve your case. Our lawyers are well-versed with the most recent court rulings and strategies. In addition, they either teach or attend annual continuing legal education classes and regularly engage in collaborative discussions regarding trial strategy with their colleagues and trial attorneys from both inside and outside the firm.

Burg Simpson’s business and commercial litigation team helps clients establish the best trial strategy for their legal matters. Our winning strategies are based on considerations that include location, judges, juries, and statutes of limitation. At Burg Simpson, our attorneys are trial-tested, and we are trial-ready.

About David P. Hersh

Dave is the co-practice group leader of the business and commercial litigation department of Burg Simpson. He focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, and professional negligence. For more than 35 years Dave has focused his practice on civil trial work. He thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 100 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues.

About David K. TeSelle

Burg Simpson shareholder and trial lawyer David K. TeSelle is the co-leader of the firm’s Commercial and Business Litigation team. Mr. TeSelle has successfully tried numerous cases to jury verdicts in state court, federal court, and private arbitration, and practices before the U.S. District Court for the District of Colorado and the U.S. Court of Appeals 10th Circuit. In 2019, he was lead counsel on one of the largest personal injury jury verdicts in Arizona’s history and secured a judgment of $58.5 million. He also represents and provides guidance to state and federal whistleblowers under the False Claims Act (Qui Tam Actions) when they expose fraud against state and federal governments. Following the 2008 economic collapse, Mr. TeSelle battled some of the nation’s largest banks in litigation regarding “The Big Short” cases. He currently is a lead lawyer among a consortium of lawyers seeking fair compensation for “Gold Star Families”, Veterans and their families, who were killed or injured in terror attacks while serving in Iraq. Throughout his career, Mr. TeSelle has represented both plaintiffs and defendants and has recovered hundreds of millions of dollars for his clients.



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