An inevitable part of the business world is dealing with disputes – whether with competitors, customers, employees, former employees, vendors, or other businesses. When faced with a dispute, conflicting goals and emotions often overwhelm rational decision-making and can potentially lead to expensive mistakes.
Most lawyers can posture and argue dramatically in court, but lawyers who provide real value in business litigation need to provide more than a courtroom performance – they must also understand their clients’ value system, how they do business, how the other party makes decisions, and the pressures presented by this particular dispute. Your lawyer must understand the real (rather than the apparent) motivations of both parties and they must be willing to predict an uncertain future.
I have spent 29 years in big law firms and small law firms representing Fortune 100 companies, individuals, and a wide spectrum of people and businesses in between. I have learned how to frame a client’s dispute to maximize the chance of achieving my client’s goals while minimizing the expense and burden on that client. I reject one-size-fits-all strategies in favor of client-driven custom approaches. This means understanding both the root of the dispute and the client’s goals (both stated and unstated) to make sure that the resolution of the dispute actually solves the client’s problem.
Outstanding litigators recognize that dramatic courtroom performances, bullying, and intimidation are counterproductive. Instead of getting carried away by the glamour of the fight, I help my clients analyze and focus on what is best for their business. A good business result is ultimately more satisfying than abstract “justice”. My job is to help clients evaluate potential risks and rewards and develop effective strategies for achieving an optimal net result for the business with a minimum of risk and expense. Chief among those risks and expenses is the client’s time and distraction from business as well as legal fees. Statistics tell us that over 95% of all business disputes end in a settlement, and we navigate the justice system to obtain negotiated results that are most advantageous in terms of the alternatives. However, even on those rare occasions when a dramatic courtroom performance is necessary, I have delivered results.
I have been at the forefront of using the alternative dispute resolution opportunities presented through arbitration and mediation when it is most advantageous to my client.