For many people, including the court, submission on trial briefs is preferable. It allows the matter to be decided without live testimony and saves all counsel and the court the burden of participating in a trial. If there is any doubt as to the success of your client’s case, be very cautious in opting for submission on briefs. There can be a logistical benefit to briefing, but that can be outweighed by the emotionally strategic benefit of live testimony.