Litigation is an art, not a science. Not all litigation leads to a trial, but that possibility must be kept in mind as various courses of action are considered or pursued.
Based on all available information, we evaluate and analyze the merits carefully, to determine how the law should apply. We focus on what is really at issue and try to avoid spending time and money on legal procedures which are unlikely to make any difference.
We take a “sniper” approach, as opposed to a “shotgun” approach. An adversary typically views the facts and law differently than we do. We anticipate how our adversary will respond and how this could affect our ability to achieve a satisfactory result with a rational use of available resources.
Sometimes we have to tell clients things they don’t want to hear. Some times we advise them to spend a lot of money; and yet there is no guarantee of the desired result. Sometimes what is best for the client is not best for our cash flow. In every case, we always do what is best for the client, even at the risk of displeasing them or turning away billing opportunities. Successful clients always come back.
Litigation is not for the faint of heart.
Contrary to popular belief, people rarely pay money in response to a threatening letter or even a lawsuit.
The axiom “the wheels of justice grind slowly” is very apt and “why is this taking so long?” is the complaint clients make most often.
Although most cases settle, it is usually not until they are about to go to trial, after the parties have spent a lot of time and money and endured all sorts of frustration. Thus, while we are well known for our willingness to “go to the mat” and take a case to trial, we recognize that trial is best suited for those situations where the client has no choice.
Once we take a position in a case we are steadfast. We do not advise our clients to compromise unless we become aware of new information or legal developments which affect our analysis. This does not mean that we are unwilling to negotiate or reconsider.
“Steadfast” is not the same as “stubborn.” Stubbornness and ego are all too often the real reason cases drag on. That being said, firm conviction in the strength of our case and our client’s willingness to go to trial is what enables us to achieve satisfactory results in negotiations with counsel, as well as in arbitrations, mediations, and other out-of-court locations.