In this episode, hosts Brad and Michael welcome guest Brian Lauten, a triple board-certified business and commercial trial attorney and founding partner of Brian Lauten P.C., to unpack the realities of commercial litigation. Brian shares the often-overlooked consequences of filing a lawsuit, from hidden costs to litigation fatigue and unexpected counterclaims. Tune in to learn why the best litigation strategy may be never needing one, and the proactive legal steps you can take to avoid the courtroom.

Chapters  

00:00 Intro  

00:40 Banter  

03:51 Guest Background  

05:47 What drove you into becoming a trial attorney?  

08:18 Will you tell us about Brian Lauten P.C.?  

09:21 What are some unintended consequences you and clients have experienced with lawsuits?  

12:30 What does a lawsuit look like from the point of filing to the day of trial?  

16:05 How do you help clients decide whether to pursue a lawsuit? 

19:41 What does it mean when a contract says the prevailing party gets attorney’s fees? 

23:51 What is litigation fatigue?  

27:14 Access+  

27:49 Legal Takeaways  

29:40 Outro

Watch full episodes of our podcast on our YouTube channel: https://www.youtube.com/@byrdadatto

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