How to Think About Litigation

• Had a client ask me, will I win? And it just made me think about the incredible disconnect between what people think a lawsuit is about and what a lawsuit it really about.

• Basics of litigation – big picture

  • Long, slow, expensive

  • Not great way to solve a problem

  • Either a last resort or a problem so big that it cannot wait or injunctive relief

• Outside pressures play a big role

  • Loss of profits, waiting on money, financing, online listings, etc.

  • Personal or business decisions, selling the business, new projects, new hires, etc.

• Procedure

  • Complaint, summons

  • Answer/MTD

    • Creating factual issues good for P bad for D

  • Discovery

  • Summary J

  • Trial

• Collections

• So the question is not “will I win”

  • Its balancing all of these factors, determining whether it is worth the investment, the odds of success, the consequences of losing, peace of mind, loss of production, etc

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