• Perform an analysis of strengths and weaknesses before engaging. Careful planning often results in the ability to avoid or reduce the costs of litigation.
• Leave the egos at the door. More than you can imagine, I have seen hundreds of thousands of dollars wasted away in ego clashes. The only winners are the attorneys.
• When an unfavorable result is likely, attempt resolution before committing to litigation. The cost of protracted litigation frequently exceeds the value of the dispute.
And when such efforts are unsuccessful or impossible, (such as when you are already a defendant in a lawsuit), develop a strategy for “damage control”. Seasoned attorneys can usually recognize when to go to war and when to cut their client's losses.
• When full blown litigation is necessary, develop a strategy designed for an unequivocal "value" win. In almost every case, a "practical" approach results in an optimal result.
• When faced with a "zero sum" situation, go for the jugular and get involved. Successful business litigators usually accomplish the best results with proactive participation by their clients.
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When aiming for an "unequivocal win", retain a fighter with tenacity, courage and the legal skills of a prize fighter.