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Changing Trial Counsel Before Trial: How to Take Over a Case Without Losing It

Taking over a case as trial approaches leaves no time for a slow learning curve. Rapidly assess the existing record, catch the deadlines and gaps prior counsel left, rebuild the case theory, and decide what to prioritize when preparation time is limited.

2026-12-02 14:30:00

Program Details

2026-12-02 14:30:00

Program Details

2026-12-02 14:30:00

Over 1,000+ webinars

2026-12-02 14:30:00

Course Overview

The Handoff Between Counsel Is Itself a Trial Risk

2026-12-02 14:30:00

New counsel who enters after substantial litigation does not get a clean start. You inherit the pleadings, the discovery record, expert work, pending motions, and a strategy someone else built. Trial is approaching, and the calendar does not reset because the lawyer changed. This is not ordinary case intake. It is triage on a live file.

Overlook a critical deadline or pending motion, and it surfaces when it is hardest to fix. Adopt prior counsel’s strategy without evaluating it, and its gaps follow you to trial. Skip discovery the case still needs, and the record stays thin. Overcorrect, and you disrupt the litigation unnecessarily. Leave witnesses, experts, exhibits, and motions in limine unprioritized, and the transition creates its own risks at trial.

You will walk out with a practical transition plan for assessing the record and setting priorities. You will see how to rebuild the case theory and sequence witness and expert preparation. You will learn how jury and focus group testing can pressure-test themes before trial. Most important, you will learn how to make strategic calls when there is not time to address every issue. That is judgment no checklist supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Rapid Record Triage
How to work through the pleadings, discovery record, critical deadlines, and pending motions fast enough to catch the unresolved issues that cannot wait.
02
Auditing Prior Strategy
How to evaluate prior counsel’s strategy, identify gaps in the case, and decide whether additional discovery or investigation is necessary.
03
Building the Transition Plan
How to establish priorities and a practical transition plan that moves the case forward without unnecessarily disrupting the litigation.
04
Rebuilding the Case Theory
How to rebuild the case theory and trial strategy, and how to use jury and focus group testing to evaluate case themes before trial.
05
Witness and Evidence Readiness
How to prioritize witness and expert preparation and review exhibits for the evidentiary issues that will shape the trial.
06
Pretrial Calls Under Pressure
How to manage motions in limine and other pretrial obligations, and how to make strategic decisions when preparation time is limited.

Program schedule

clock 2:30 pm - 3:30 pm EST

Taking Over the Case: Assessing the Record and Establishing Priorities

This session will address the challenges that arise when new counsel enters a case after substantial litigation has already occurred, particularly when trial is approaching. The discussion will focus on rapidly mastering the pleadings, discovery record, prior strategy, expert work, motions, deadlines, and client history while identifying what may have been overlooked or needs to be revisited. It will also explore how incoming counsel can determine which issues require immediate attention, where additional discovery may be necessary, and how to establish a realistic case-management plan without unnecessarily disrupting the litigation.

Nicholas J. SeccoNicholas J. Secco
Alyssa A. MoscarinoAlyssa A. Moscarino
clock 3:40 pm - 4:40 pm EST

From Transition to Trial: Rebuilding the Case Under Time Pressure

This session will focus on moving from case assessment to trial preparation when new counsel has limited time to develop the case. Topics will include rebuilding the case theory, preparing witnesses and experts, evaluating exhibits and evidentiary issues, addressing motions in limine and other pretrial matters, and coordinating with the client and litigation team. The discussion will also consider how counsel can make strategic decisions when there is insufficient time to address every potential issue and how to avoid allowing the transition between counsel to create additional risks at trial.

Nicholas J. SeccoNicholas J. Secco
Alyssa A. MoscarinoAlyssa A. Moscarino
Nicholas J. Secco

Nicholas J. Secco

Benesch, Friedlander, Coplan & Aronoff LLP

Alyssa A. Moscarino

Alyssa A. Moscarino

Benesch, Friedlander, Coplan & Aronoff LLP

Nicholas J. Secco

Nicholas J. Secco

Benesch, Friedlander, Coplan & Aronoff LLP

Nicholas J. Secco chairs the Trial Practice Group at Benesch, Friedlander, Coplan & Aronoff LLP in Chicago. He has stepped in to replace prior counsel in the middle of discovery and has been retained on the eve of jury trials, and he has examined the decision to bring in new trial counsel shortly before trial, and how to manage that handoff, in Thomson Reuters Westlaw Today. His trial practice covers complex commercial matters, toxic tort cases, and environmental claims.

Education & Credentials

He received his J.D., cum laude, from Northwestern Pritzker School of Law in 2001, where he was a member of the Order of the Coif, a Senior Editor of the Journal of International Law and Business, and recipient of the Bell, Boyd, and Lloyd Advocacy Prize. He holds a B.A. in Philosophy from Louisiana State University (1998). He is a member of the Trial Bar for the Northern District of Illinois and is admitted in Illinois, Florida, and Texas, as well as before the U.S. District Courts for the Northern District of Illinois and the Southern and Middle Districts of Florida and the U.S. Courts of Appeals for the Fifth, Sixth, and Ninth Circuits.

Recognition & Leadership

The American Lawyer selected him as Runner-Up for national Litigator of the Week after a 2022 defense verdict in a billion-dollar federal environmental bench trial, and recognized him and the Benesch trial team in its Litigator of the Week Runners-Up and Shout-Outs after a 2025 bankruptcy court bench trial. Benchmark Litigation has named him a National Litigation Star (2024–2026), Chambers USA lists him among its Leading Lawyers in Litigation: General Commercial (2025–2026), and Thomson Reuters named him a Stand-Out Lawyer (2024–2025). The Legal 500 has identified him as a leader in Mass Tort and Product Liability Defense. He leads Benesch's Trial Practice Group.

Professional Involvement

His Thomson Reuters Westlaw Today feature (2026) addresses managing late-stage counsel transitions ahead of trial, and he has presented on humanizing the corporate defendant in high-stakes litigation (Akron, Ohio, 2024). He is a member of the Trial Sections of the Florida and Texas State Bar Associations. His community involvement includes The Center for Family Representation, Special Olympics New York, and the National Italian American Foundation.

Experience

In 2025, he replaced prior counsel mid-discovery in a Washington federal trade secret misappropriation case for a large consumer services company. Following his oral argument, the plaintiff's expert report was stricken as untimely, the plaintiff's remaining expert opinions were excluded under Daubert, and the claims were disposed of on summary judgment. That November, he was retained on the eve of two employment discrimination jury trials; both settled on favorable terms after motions in limine, jury instruction submissions, and pretrial hearings.

His trial work spans jury, bench, and arbitration proceedings. He delivered openings and closings for all defendants in an eight-figure federal environmental bench trial (2025–2026), after which the government stipulated to reducing its damages claim by more than half. He gave the closing for all defendants in a billion-dollar bench trial in the Central District of California (2022) that ended in a verdict for the defense, and served as lead trial counsel in a nine-figure CERCLA bench trial (2023). He cross-examined Dr. Phil McGraw in a 2025 bankruptcy court bench trial on behalf of a professional sports league, and he won a defense verdict on all counts for an international entertainment and sports conglomerate after a nearly month-long jury trial (2021). Before joining Benesch, he spent most of his career at Kirkland & Ellis LLP, where he was a partner.
Alyssa A. Moscarino

Alyssa A. Moscarino

Benesch, Friedlander, Coplan & Aronoff LLP

Alyssa A. Moscarino is a trial lawyer and partner at Benesch, Friedlander, Coplan & Aronoff LLP in Cleveland. Her matters include cases resolved on the eve of trial through pretrial advocacy: more than ten motions in limine argued in Arizona federal court for an off-road vehicle manufacturer, and evidentiary and expert challenges overcome at a pretrial conference in a commercial dispute. She represents both plaintiffs and defendants in complex commercial matters.

Education & Credentials

She received her J.D., cum laude, from the University of Miami School of Law in 2015, where she won the John T. Gaubatz Moot Court Competition (2013), competed in the Evans Constitutional Law Moot Court Competition (2014), and served on the Charles C. Papy, Jr. Moot Court Board and its Executive Board as Gaubatz Vice-President. She also served as a Student Bar Association Senator and chaired its Social Planning and Events Committee. She holds a B.A. in Political Science from the University of Texas (2012), with minors in Asian studies and Business Foundations. She is admitted in Ohio and before the U.S. District Courts for the Northern and Southern Districts of Ohio, the District of New Jersey, the Eastern District of Michigan, and the District of Colorado.

Recognition & Leadership

The American Lawyer's Litigation Daily recognized her, together with Benesch partners Nicholas Secco and Abbey Walsh, in its Litigator of the Week coverage following the 2025 Professional Bull Riders bankruptcy trial. The Best Lawyers® has listed her as One to Watch in Commercial Litigation and Product Liability Litigation – Defendants (2023–2026). She co-chairs Benesch's Hiring Committee, and since she assumed that role the firm's Summer Program has been recognized by The American Lawyer as a Top 40 Summer Associate Program.

Professional Involvement

She is heavily involved in associate development at Benesch, taking a lead role in recruiting, mentoring, and integrating summer associates into the firm.

Experience

In a seven-figure federal products liability action for an off-road vehicle manufacturer (2019), Benesch successfully argued more than ten motions in limine in Arizona federal court ahead of an eve-of-trial settlement. In a seven-figure breach of contract, warranty, and leasing dispute for a car wash equipment manufacturer (2024), Benesch prevailed on evidentiary and expert issues at a pretrial conference and settled just before trial. As trial counsel for the plaintiff hospital system in a 2018 Ohio state court jury trial, Benesch direct-examined a key damages witness and then prepared and argued a motion for a new trial, which the court granted, leading to a significant settlement.

Her trial work includes bench trials in bankruptcy and chancery courts. Benesch served as trial counsel for the Professional Bull Riders in a 2025 bankruptcy court bench trial against Dr. Phillip C. McGraw's Merit Street Media, cross-examining its Chief Operating Officer and drawing testimony the court incorporated into its order converting the case to Chapter 7. In a 2024 Delaware Chancery bench trial over a hostile leadership takeover, Benesch represented a railroad company's Chief Executive Officer and cross-examined the company's Chief Financial Officer. Her broader practice covers breach of contract, products liability, real estate, corporate, and trade secrets disputes, including obtaining dismissal of several causes of action in a nine-figure pharmaceutical multidistrict litigation in New Jersey federal court and conducting depositions in a ten-figure defamation action.
Nicholas J. Secco

Nicholas J. Secco

Benesch, Friedlander, Coplan & Aronoff LLP

Nicholas J. Secco chairs the Trial Practice Group at Benesch, Friedlander, Coplan & Aronoff LLP in Chicago. He has stepped in to replace prior counsel in the middle of discovery and has been retained on the eve of jury trials, and he has examined the decision to bring in new trial counsel shortly before trial, and how to manage that handoff, in Thomson Reuters Westlaw Today. His trial practice covers complex commercial matters, toxic tort cases, and environmental claims.

Education & Credentials

He received his J.D., cum laude, from Northwestern Pritzker School of Law in 2001, where he was a member of the Order of the Coif, a Senior Editor of the Journal of International Law and Business, and recipient of the Bell, Boyd, and Lloyd Advocacy Prize. He holds a B.A. in Philosophy from Louisiana State University (1998). He is a member of the Trial Bar for the Northern District of Illinois and is admitted in Illinois, Florida, and Texas, as well as before the U.S. District Courts for the Northern District of Illinois and the Southern and Middle Districts of Florida and the U.S. Courts of Appeals for the Fifth, Sixth, and Ninth Circuits.

Recognition & Leadership

The American Lawyer selected him as Runner-Up for national Litigator of the Week after a 2022 defense verdict in a billion-dollar federal environmental bench trial, and recognized him and the Benesch trial team in its Litigator of the Week Runners-Up and Shout-Outs after a 2025 bankruptcy court bench trial. Benchmark Litigation has named him a National Litigation Star (2024–2026), Chambers USA lists him among its Leading Lawyers in Litigation: General Commercial (2025–2026), and Thomson Reuters named him a Stand-Out Lawyer (2024–2025). The Legal 500 has identified him as a leader in Mass Tort and Product Liability Defense. He leads Benesch's Trial Practice Group.

Professional Involvement

His Thomson Reuters Westlaw Today feature (2026) addresses managing late-stage counsel transitions ahead of trial, and he has presented on humanizing the corporate defendant in high-stakes litigation (Akron, Ohio, 2024). He is a member of the Trial Sections of the Florida and Texas State Bar Associations. His community involvement includes The Center for Family Representation, Special Olympics New York, and the National Italian American Foundation.

Experience

In 2025, he replaced prior counsel mid-discovery in a Washington federal trade secret misappropriation case for a large consumer services company. Following his oral argument, the plaintiff's expert report was stricken as untimely, the plaintiff's remaining expert opinions were excluded under Daubert, and the claims were disposed of on summary judgment. That November, he was retained on the eve of two employment discrimination jury trials; both settled on favorable terms after motions in limine, jury instruction submissions, and pretrial hearings.

His trial work spans jury, bench, and arbitration proceedings. He delivered openings and closings for all defendants in an eight-figure federal environmental bench trial (2025–2026), after which the government stipulated to reducing its damages claim by more than half. He gave the closing for all defendants in a billion-dollar bench trial in the Central District of California (2022) that ended in a verdict for the defense, and served as lead trial counsel in a nine-figure CERCLA bench trial (2023). He cross-examined Dr. Phil McGraw in a 2025 bankruptcy court bench trial on behalf of a professional sports league, and he won a defense verdict on all counts for an international entertainment and sports conglomerate after a nearly month-long jury trial (2021). Before joining Benesch, he spent most of his career at Kirkland & Ellis LLP, where he was a partner.
Alyssa A. Moscarino

Alyssa A. Moscarino

Benesch, Friedlander, Coplan & Aronoff LLP

Alyssa A. Moscarino is a trial lawyer and partner at Benesch, Friedlander, Coplan & Aronoff LLP in Cleveland. Her matters include cases resolved on the eve of trial through pretrial advocacy: more than ten motions in limine argued in Arizona federal court for an off-road vehicle manufacturer, and evidentiary and expert challenges overcome at a pretrial conference in a commercial dispute. She represents both plaintiffs and defendants in complex commercial matters.

Education & Credentials

She received her J.D., cum laude, from the University of Miami School of Law in 2015, where she won the John T. Gaubatz Moot Court Competition (2013), competed in the Evans Constitutional Law Moot Court Competition (2014), and served on the Charles C. Papy, Jr. Moot Court Board and its Executive Board as Gaubatz Vice-President. She also served as a Student Bar Association Senator and chaired its Social Planning and Events Committee. She holds a B.A. in Political Science from the University of Texas (2012), with minors in Asian studies and Business Foundations. She is admitted in Ohio and before the U.S. District Courts for the Northern and Southern Districts of Ohio, the District of New Jersey, the Eastern District of Michigan, and the District of Colorado.

Recognition & Leadership

The American Lawyer's Litigation Daily recognized her, together with Benesch partners Nicholas Secco and Abbey Walsh, in its Litigator of the Week coverage following the 2025 Professional Bull Riders bankruptcy trial. The Best Lawyers® has listed her as One to Watch in Commercial Litigation and Product Liability Litigation – Defendants (2023–2026). She co-chairs Benesch's Hiring Committee, and since she assumed that role the firm's Summer Program has been recognized by The American Lawyer as a Top 40 Summer Associate Program.

Professional Involvement

She is heavily involved in associate development at Benesch, taking a lead role in recruiting, mentoring, and integrating summer associates into the firm.

Experience

In a seven-figure federal products liability action for an off-road vehicle manufacturer (2019), Benesch successfully argued more than ten motions in limine in Arizona federal court ahead of an eve-of-trial settlement. In a seven-figure breach of contract, warranty, and leasing dispute for a car wash equipment manufacturer (2024), Benesch prevailed on evidentiary and expert issues at a pretrial conference and settled just before trial. As trial counsel for the plaintiff hospital system in a 2018 Ohio state court jury trial, Benesch direct-examined a key damages witness and then prepared and argued a motion for a new trial, which the court granted, leading to a significant settlement.

Her trial work includes bench trials in bankruptcy and chancery courts. Benesch served as trial counsel for the Professional Bull Riders in a 2025 bankruptcy court bench trial against Dr. Phillip C. McGraw's Merit Street Media, cross-examining its Chief Operating Officer and drawing testimony the court incorporated into its order converting the case to Chapter 7. In a 2024 Delaware Chancery bench trial over a hostile leadership takeover, Benesch represented a railroad company's Chief Executive Officer and cross-examined the company's Chief Financial Officer. Her broader practice covers breach of contract, products liability, real estate, corporate, and trade secrets disputes, including obtaining dismissal of several causes of action in a nine-figure pharmaceutical multidistrict litigation in New Jersey federal court and conducting depositions in a ten-figure defamation action.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs