San Francisco, CA commercial litigation attorney Edward Hugo discusses his work as “parachute counsel”. He defines “parachute counsel” as stepping into a case that is already on track for trial, mediation, or arbitration—often with a date imminent, sometimes only days away. With 30 years of trial experience, his initial training came as an assistant district attorney in San Francisco, where he could literally be handed a case file while leaving the building for lunch and asked to pick a jury that same afternoon. It’s a skill that either develops under pressure or one realizes they do not possess. He honed that ability and has successfully brought it into civil litigation. When he understands a client, their products, and their operations, he can step into a case at a moment’s notice.

Most cases he handles as parachute counsel never go to verdict. He takes a fresh, objective look at the case as it stands—without any ownership of prior strategy—and identifies the best path to resolution for his client. He has been called to parachute into cases in locations as varied as Philadelphia, New York City, Madison County, Illinois, Honolulu, Hawaii, Alameda County, and Los Angeles. Despite their geographic diversity, the common thread is that these jurisdictions are often considered judicial “hellholes” from a defense perspective.

When he enters a case, he evaluates it with no attachment to how it has been prepared. In some instances, this requires a radical shift in defense strategy. For example, in one case, previous counsel had denied liability and disputed damages, but the client’s conduct was indefensible. By strategically admitting liability, they were able to exclude damaging evidence and limit the potential multiplier effect on damages. In another case, the defense had retained experts to contest liability, but those experts were poorly suited to the facts. By excusing the retained experts and strategically leveraging the plaintiff’s own experts, he was able to guide the case to a successful resolution.