I have learned a lot in the courtroom and other adversarial venues. But to appreciate client expectations, my most enduring lessons have come as a facilitative mediator – helping other parties settle their disputes – or as an arbitrator – selected by the parties to decide the disputes they could not settle. This neutral and objective perspective helps my clients and me to understand what each problem needs to find a solution.
All of my recent engagements have applied strategic analysis to problem-solving or conflict resolution by avoiding – or substantially reducing– the expense and risk of litigation. This can be as fundamental as envisioning a new business relationship and giving it voice through a contract, or untangling complex transactions that have gone wrong.
If you are facing a problem or issue for which you need counsel and guidance, I offer these starting points:
To Sue or Not to Sue?
The plain truth is: Clients rarely win in litigation.
- Once a lawsuit takes root, you become subject to schedules, whims, and biases of others. You lose control.
- You endure a distracting and costly process. Despite lofty ideals and emotional investment, statistically you will ultimately settle. Let’s build a program to get there sooner than later.
- Even if you win a desired verdict, the other side can, and likely will, appeal, which adds years and uncertainty to the process.
- While this process serves the objectives of large firm litigation departments, it doesn’t serve most clients.
- I seek out early opportunities to steer the parties to alternative and proven methods of resolution, which delivers optimal value to you.
- With my reputation as a “creative” and “tenacious” trial lawyer, the other side will know that you and I are not bluffing and are prepared “to go the distance.” That enhances your leverage to obtain the expedient solution we have designed together, while minimizing risk and saving time and resources.
Most often, litigation should be a last resort. Sometimes, circumstances dictate that your best strategy is to pursue a well-designed immediate remedy in the courts. It is critical that you have counsel who understands the difference.
No Conflicts, No Distractions: The Only Expectations that Matter Are Yours.
A major reason I went solo was to avoid large firm conflicts. My clients take a back seat to no one. My only concern is to accomplish your goals. If your issue is not in my swing zone, I’ll find for you the professional to hit it out of the park.
I believe in relationships that work, in foresight to avoid problems, and in finding the most efficient solutions when problems arise. Read about my work in legal strategies, problem-solving, and conflict resolution, including what I’ve heard from clients when the work is done.
I look forward to hearing from you.