Pushing Back Against the Lost Art of the Jury Trial

How trial-ready advocacy gives catastrophically injured clients real leverage

There are many personal injury firms in Ontario, but not all are created equal. For individuals searching for an Ontario personal injury lawyer after a serious accident, that distinction can significantly affect the outcome of a case. Troy Lehman pulls no punches when asked what sets Oatley Vigmond LLP apart.

“We’re trial lawyers, not settlement lawyers,” states Lehman, who manages the firm alongside Adam Little as managing partners. “We have a culture of advocacy without fear where we are prepared to take even complicated or risky personal injury cases to trial if the settlement offer is not fair.”

Oatley Vigmond LLP is an Ontario personal injury law firm that represents individuals and families who have suffered serious injuries in motor vehicle accidents and other catastrophic events. The firm acts exclusively for injured plaintiffs and is known across Ontario for its trial-ready approach to personal injury litigation before judges and juries.

Key Takeaways

• Oatley Vigmond emphasizes a trial ready approach to personal injury litigation, particularly in cases involving catastrophic injuries and serious losses.
• Insurance companies assess whether a lawyer is genuinely prepared to take a case to trial when evaluating settlement offers and litigation risk.
• Trial preparation can influence settlement negotiations because insurers often reassess exposure as a trial date approaches.
• The firm’s lawyers focus on presenting evidence early and thoroughly so insurers can properly evaluate the claim.
• Oatley Vigmond invests in mentoring younger lawyers and teaching courtroom advocacy to help preserve strong trial skills within the profession.
• For individuals facing life changing injuries in Ontario, courtroom experience may be an important factor when choosing legal representation.

Doubling Down on Oatley Vigmond’s Trial-Ready Philosophy

In Ontario personal injury cases, insurers are sophisticated repeat players who closely track which lawyers are prepared to take cases to a jury and which are not. They use that intelligence when setting reserves and evaluating risk exposure. Lehman, who has been practicing personal injury law for more than 25 years, says this assessment has become increasingly important.

Two decades ago, most lawyers handling personal injury claims would, by default, conduct a significant number of trials. Today, jury trials in Ontario are far more selective.

“Our business is such that you just cannot get top dollar for a case unless the insurance company knows it faces a significant trial risk,” Lehman says, adding that at mediations and settlement conferences, discussion is almost exclusively about what might happen if the case proceeds to trial in an Ontario court.

Lehman’s job in that room is to convince defence counsel and the adjuster what their exposure would be, especially with a jury. Drawing on the research he and Roger Oatley conducted for their definitive LexisNexis text on juror psychology, Addressing the Jury, he underscores what will make a jury identify with the injured person and hold a defendant accountable.

For catastrophically injured clients, retaining a lawyer without a proven record of courtroom experience can have devastating consequences. Without the credible threat of a trial judgment that exceeds the insurer’s internal settlement range, negotiations can stall.

“Without that risk, they just keep pushing, and eventually the plaintiff folds,” says Brian Cameron, partner at Oatley Vigmond with more than 25 years of litigation experience. “If the defence knows the plaintiff’s lawyer will not proceed to trial, they offer less. It is that simple.”

Evidence over ‘whole cloth’

Oatley Vigmond has built the opposite reputation across Ontario. Insurers know the firm is both trial-ready and credible. Cameron says “virtually every case” he resolves is influenced by that reputation.

“We do not make cases out of whole cloth; we provide the evidence from day one, so insurers have what they need to properly assess the claim,” he explains. “We are in an adversarial system, but I do not treat defence counsel as adversaries. We are working toward a resolution. The difference is that we are always prepared to proceed to trial if required.”

Lehman points to the inverse reaction: when an Ontario personal injury law firm demonstrates it is fully prepared for trial, so-called “final” settlement offers often increase as the trial date approaches.

In one recent file involving a concussion and chronic pain, a low-end settlement offer was declined at mediation. About a year later, a pre-trial and then a trial date were set. The offer crept up by about 25% but still wasn’t in the acceptable range, and, concerned that the amount wouldn’t cover long-term loss of income, Lehman counselled his client to hold strong.

Over the holidays, he spent hundreds of hours and tens of thousands of dollars getting the case trial ready. As the January trial date loomed, the insurer received a flurry of trial prep requests to admit, briefs, and expert reports, and realized Oatley Vigmond wouldn’t back down. At that point, the offer jumped into the higher end of what was a likely trial result, and the client settled a week before the hearing.

“That’s a pretty common example of how the pressure point of a trial works for us — if you’re prepared to put the time, money and energy into trial preparation,” Lehman says.

 “Every penny counts for the most seriously injured people.”

That philosophy is why, in an era where many firms prioritize rapid settlement, Oatley Vigmond continues to double down on its trial-ready model. For Brian Cameron, that standard was set by the firm’s founding partners.

“We had the privilege of being mentored by two of the best litigators to ever stand before a jury,” says Cameron, referring to co-founding partners Roger Oatley and Jim Vigmond. “But that legacy isn’t just a badge of honour; it’s a responsibility we carry for our clients. I see that commitment to excellence in Troy’s work every day—he has won cases I once thought were unwinnable. It is now our turn to ensure that the standard of excellent advocacy is preserved and passed down.”

Keeping jury advocacy alive in court and the classroom

Passing the torch of jury management and trial readiness expands beyond the walls of the firm itself. Teaching younger lawyers to embrace the trial is a priority within the firm. When a case proceeds on the trial track, the litigation team always includes a developing lawyer to build courtroom competence.

“Trial mentorship is one of the things that is most important to me,” Lehman says. “I feel strongly about them gaining real trial experience.”

Cameron, who taught personal injury advocacy at Queen’s University for many years, focused on the psychology of jurors—communicating in clear language and framing the case so jurors can identify with the injured person. He also used his time at Queen’s to address the reality that while “settlement mills” are nothing new, the sheer volume of aggressive advertising is.

He would begin his class by noting that although he is a personal injury lawyer, he has never had his face on the side of a bus—and never will. “I know where the courthouse is,” Cameron says. “For individuals searching for an Ontario personal injury lawyer after a life-altering accident, trial experience is not a marketing slogan. It is leverage. Insurers assess risk carefully, and they evaluate whether the lawyer across the table has the credibility, resources, and courtroom experience to proceed to trial when necessary.”

When Cameron stepped back from teaching, Lehman assumed the role, making the weekly trip to Kingston to ensure the next generation understands how to try a case properly. For Lehman and Cameron, courtroom advocacy and legal education are how they ensure that when serious cases proceed to trial, there remain lawyers who know how to win them.

This article was produced in partnership with Lexpert. View the original article at:
https://www.lexpert.ca/news/features/pushing-back-against-the-lost-art-of-the-jury-trial/394045

Frequently Asked Questions

What does it mean for a personal injury lawyer to be trial ready?

A trial ready lawyer is prepared to take a case all the way to a judge or jury if a fair settlement cannot be reached. According to the article, trial readiness involves more than simply stating a willingness to go to court. It requires experience presenting evidence, preparing expert witnesses, managing courtroom procedures, and investing the time and resources necessary to fully prepare a case. In serious personal injury litigation, insurers often evaluate whether a lawyer has the credibility and experience to proceed to trial if necessary.

Why does trial experience matter in a personal injury case?

The article explains that insurance companies carefully assess litigation risk when evaluating claims. One factor they consider is whether the lawyer representing the injured person has a proven history of taking cases to trial. Lawyers with courtroom experience may be better positioned to explain the potential consequences of a trial and the risks faced by the defence. While many cases settle before reaching a courtroom, trial experience can still influence negotiations throughout the litigation process.

How do insurance companies evaluate personal injury claims?

According to the article, insurers are sophisticated and experienced participants in the litigation system. They evaluate available evidence, potential damages, legal issues, and the likelihood of success at trial. They also assess whether the plaintiff’s lawyer is prepared to proceed to court if settlement negotiations fail. These evaluations help insurers determine their risk exposure and can influence how settlement discussions develop over the course of a claim.

Does every personal injury case go to trial?

No. Most personal injury cases resolve before a trial takes place. However, the article emphasizes that the possibility of a trial often remains an important factor throughout the litigation process. Settlement discussions, mediations, and pre trial negotiations frequently involve consideration of what could happen if the case proceeds before a judge or jury. Being prepared for trial does not mean a case will necessarily be tried, but it may affect how negotiations unfold.

What role does evidence play in settlement negotiations?

The article highlights the importance of providing insurers with evidence that allows them to properly assess a claim. This can include medical records, expert reports, financial information, and other documentation relevant to the injury and its impact. Strong evidence helps clarify the issues in dispute and allows both sides to evaluate potential outcomes. In serious injury cases, careful preparation and presentation of evidence may play a significant role in reaching a resolution.

Why are catastrophic injury cases often more complex?

Catastrophic injury cases frequently involve lifelong consequences that affect a person’s health, independence, employment, and quality of life. According to the article, these claims often require extensive medical evidence, expert opinions, and long term planning. For someone in Toronto living with a traumatic brain injury or spinal cord injury, understanding future care needs and long term losses may require significant investigation and professional assessment. These complexities often make catastrophic injury litigation more demanding than other types of claims.

What is jury advocacy in a personal injury case?

Jury advocacy refers to the process of presenting a case in a way that helps jurors understand the evidence and the impact of the injury. The article discusses the importance of communicating clearly, explaining complex issues in understandable language, and helping jurors appreciate the real world consequences of serious injuries. Effective jury advocacy requires preparation, experience, and an understanding of how jurors evaluate evidence and credibility in a courtroom setting.

Why does Oatley Vigmond focus on mentoring younger trial lawyers?

The article explains that trial mentorship is an important part of the firm’s culture. When cases proceed on a trial track, developing lawyers are included on litigation teams to gain practical courtroom experience. Both Troy Lehman and Brian Cameron emphasize the importance of passing trial skills to the next generation. Their goal is to help ensure that future lawyers continue to develop the advocacy skills necessary to represent seriously injured clients effectively in Ontario courts.

How can someone evaluate a personal injury lawyer’s experience?

Individuals may wish to ask about a lawyer’s trial experience, the types of cases they regularly handle, and their approach to complex litigation. The article suggests that courtroom experience is an important consideration, particularly in catastrophic injury cases. For a family in Mississauga dealing with the aftermath of a serious motor vehicle accident, understanding whether a lawyer has experience preparing and advancing complex claims may be an important part of the selection process.

When should someone speak with a personal injury lawyer after a serious accident?

It may be beneficial to seek legal guidance when a serious injury has resulted from a motor vehicle accident or another incident involving potential negligence. The article notes that catastrophic injury cases often involve extensive evidence, insurance issues, and long term consequences. For individuals and families in Barrie and throughout Ontario facing significant injuries, early discussions with an experienced personal injury lawyer may help them better understand their options, the litigation process, and the steps involved in protecting their interests.