Business or commercial litigation of any sort requires planning a.k.a. strategy. Whether the situation involves plaintiff or defense posture (or both), careful thought and exploration of the myriad of issues is an absolute must.
Lawyers are required to reasonably investigate a matter before filing a new case – or perform some “due diligence”. Same is required when answering or taking on a new defense matter. Review of documents, interviews with the client(s) and/or witnesses and/or potential experts and perhaps some research are at the core of any due diligence. Most importantly, however, is the next step(s) – strategy and planning.
The ins and outs of strategy can be endless. Depending upon the type of lawsuit and claims involved, careful planning with the client(s) is critical and new developments can significantly affect the ongoing matter(s). Is your lawyer talking to you on a constant basis about this very topic? What is the “game plan” in your matter? What is the hopeful “end game” so to say – or desired result? Any business person would routinely consider these questions in business. Such concepts and questions are essentially no different in working through a litigation matter.
While no lawyer can ethically guarantee any particular outcome (highly unethical), I have clients constantly coming through my door claiming “my lawyer promised me this or that”. Perhaps the clients misunderstood as lawyers cannot promise what a Judge or Jury might or might not do or what the other “side” might file (or not). We do not have the proverbial crystal balls. But what we do have is diligence, creativity and perseverance to try to accomplish what our clients hope for and desire. Again, the path to attain such is generally some sort of strategy and planning. Ask your lawyer if that is happening – and now!
You can contact me here 24/7/365 (and I really mean that as I will answer my phone) if you have any questions and to learn how I may be able to help you or your company analyze a situation and “map out” some sort of strategy or simply get you a second opinion to help you fight every inch of the way from start to finish as business/commercial cases are battles unfortunately – in particular, you will find that I listen, take your phone calls and e-mails (and even text messages–BUT NOT WHILE DRIVING!!). I would be honored to help you with your matters – large or small.
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