Don't hold back evidence for trial, as withheld evidence will not be reflected in the resolution.
Frequently attorneys have a policy not to disclose their case prior to trial, because they don’t want opposing counsel to know what’s coming at trial. The problem with this tactic is whatever evidence they hold back will not be reflected in the settlement. Many of the attorneys who take this position try less than 1% of their cases. To make matters worse the majority of the time when attorneys hold back evidence for trial the surprise does not significantly affect the verdict.
Lawyers also make this mistake at depositions as many attorneys do not fully question witnesses, because they do not want to let the witness know what coming at trial. This is a mistake for three reasons: 1) The purpose of depositions is fact finding, and anything you don't ask the witness at deposition you won’t know prior to trial; 2) Its probably easier to catch the witness off guard at deposition then it is at trial; and 3) If you educate opposing counsel to the weaknesses in their case it will probably result in a better settlement offer.
This is not to say there is never a reason to hide your hand before trial, but it should be the exception. Three factors you should consider is whether this is a trial case, how close you are to settling the case, and whether showing your hand prior to trial will make a significant difference in the verdict. Finally if there is a discovery violation judges tend to be more lenient with attorneys who keep an open file, and opposing counsel is less likely to be able to show they were prejudice.
