Mosaic Theory of Litigation
Date of Event
10-29-2025
Description
In this second installment of the Steven S. Kaufman Family Anatomy of a Trial Lecture Series, litigator John K. Villa—described by The American Lawyer as “the lawyers’ lawyer”, by Chambers as “the ultimate lawyers’ lawyer” and by the Financial Times as “the lawyer that law firms turn to in a spot of bother” offers his thoughts on the theory and tools to create a winning factual mosaic. He draws upon his experience having spent three years of his life on his feet in courtrooms and representing the best law firms in America. He was deeply involved in the Enron case, the Madoff litigation and many if not most of the major cases against lawyers for the past 35 plus years.
With few exceptions, Villa maintains, there is no single objective narrative that explains the many facts that will emerge in a complicated case—only competing story lines each attempting to be the most persuasive. Great trial lawyers don’t recite or argue facts; they first present a logical story or framework drawn from the facts that resonates with the factfinder. Once the fact-finder sees, internalizes and accepts the outline of the lawyer’s mosaic, then every fact that later emerges is placed like a tile into that mosaic. In essence, trial is a competition between lawyers to win first the heart and then the mind of the factfinder through the power of narrative.
In this presentation, Villa will share the concrete steps attorneys should consider at the outset of litigation to construct a persuasive trial narrative. He will demonstrate how to apply this mosaic approach across essential stages of trial practice: from the use of pretrial evidentiary motions, the thoughtful use of depositions, and the key to direct and cross-examination. There will be special emphasis on bench trials and arbitrations as an increasing portion of business disputes now are resolved without juries.
Finally, Villa’s experience in defending the great law firms of America gives him a unique insight into related issues which he will discuss – why even skilled trial lawyers get sued for malpractice and a handful of steps that a lawyer can take to reduce dramatically the risk of such malpractice claims.
A networking reception will follow the lecture.
Subject Headings
litigation; direct and cross examinations; pretrial evidentiary motions; depositions; bench trials
Location
Thwing Excelsior Ballroom
Document Type
Video
Recommended Citation
Villa, John K., "Mosaic Theory of Litigation" (2025). Conferences and Symposia. 1138.
https://scholarlycommons.law.case.edu/law_videos_general/1138