Legal Services
for Businesses
BUSINESS AND REAL ESTATE LITIGATION
To paraphrase Clausewitz, business and real estate litigation often is negotiation by another means. We look at the client's end goals at all times for every decision. We see litigation tasks in the light of whether they optimize the end goals or not. Some other law firms see litigation tasks as billing opportunities. Savvy consumers of legal services must decide whether they want:
1.) to spend money on a big law firm where faceless associates of uncertain skill generate never-seen memos to the file while billing at "blended" rates exceeding $500/hour; or
2.) spend money on experienced lawyers who look for ways to solve the problem while watching the bottom line. Some examples of our costs to solve certain problems:
When a client is considering filing suit or has been sued, the legal and factual "righteousness" of the client's position is but one of many concerns. Other concerns from start to finish should be:
1.) the cost to each party of proving in litigation that they are right;
2.) whether the client's litigation cost can be shifted to the adversary, and insurance carrier, or other third party;
3.) the time and other internal resources to the client's business from this resource drain;
4.) the chance of losing- mindful that the appearance of right is more important in Court that actual right;
5.) how the particular dispute may impact the client's relationships with regulatory and government agencies or other business associates such as vendors, clients, strategic partners, referral sources, etc;
6.) what does/should the client really want at the end of the dispute?
Our firm's partners all have both the life and practice experience needed to understand and guide our client's business goals measured by knowledge of the possible outcomes and the variable costs of choosing different paths. When litigation starts, we also have the trial and mediation skills to use all the needed carrots and sticks to convince unwilling adversaries to find sensible solutions to the dispute.
We consciously blend our trial and negotiation skills because more than 95% of all business and real estate disputes are resolved short of trial. At our firm, you get a top trial lawyer advising every step of the way on all litigation. At some other firms, the top trial lawyer picks up the file for the first time a month or so before trial when lots of money has already been spent and resolution options are limited.
We use many different litigation solutions because every problem is different. Sometimes businesses are sued without any legal grounds. If paying "extortion" to settle a suit without merit doesn't meet the client's goals (although we will often tell the client bluntly that it is the least expensive solution), we have great success obtaining pre-trial dismissals and judgments. Sometimes suits arise from basic miscommunication. We have great success in resolving or avoiding lawsuits by picking up the phone and making a few phone calls. Sometimes, the adversaries need a neutral person to hear their positions. We have great success and insight into different types of mediation and other dispute resolution processes and providers to provide early economical negotiated solutions. Sometimes, resolution is difficult if not impossible. We pride ourselves on our creative approaches to solve tough problems. And, if all else fails and trial it must be, we provide top trial services. Size is not an issue, our trial partner contracts with trial support personnel as needed and who serve under his first-hand direction.
If you have had any of the following typical experiences, you might consider asking us to review your problem.
1.) My lawyer said we could knock out the complaint by filing a demurrer, but the Court denied our motion and I got stuck with a $10,000 bill.
Courts liberally construe the contents of a complaint or other pleading. Courts will not dismiss a complaint or cross-complaint upon the filing of a demurrer unless it does not seem possible to fix any defect by amending. Unless there is a fatal and incurable defect appearing on the face of the complaint, spending money on a demurrer is usually not a cost-effective solution to a litigation problem.
2.) My lawyer said we need to do some discovery but didn't say what.
While obtaining discovery is often critical to success, unless the client has unlimited money a savvy client must make informed choices of what discovery to do and a discovery plan is a must. Discovery enables one to learn the adversary's version of the facts. Often discovery can be used to obtain damaging admissions from an adversary. But a day's videotaped deposition can cost $3000-$4000 for the court reporter and videographer, before the lawyer's time is added. Unlimited depositions are good for the lawyers on the clock. Review of all available discovery tools and the costs, advantages, and disadvantages is a must before going down this path. It's also critical to realize from the start the adversary has broad discovery rights that can coast a client a lot of money.
3.) My lawyer said we can go to mediation, but it will make us look weak.
Courts almost always require that clients make an informed choice about and participate in one alternative dispute resolution process before a trial date is assigned. Choosing which process to use, when to use it, and how to use it effectively, are key decision points for the client in litigation and should not be shrugged off.
4.) My lawyer said I have a great case, and I should take it through trial.
Trial is a failure to negotiate effectively. Sometimes there is no avoiding this failure, especially if one's adversary is very unreasonable. But say that the client's damages in a case are $3 million if proven, that winning such damages has a 60% chance (losing or receiving small damages are the other chances), trial will last 6 weeks at a cost of $150,000 where many of the client's key employees must attend daily, the adversary has a cross-complaint for $1 million with a 40% chance of success, both sides could have an ongoing business relationship, and neither side can recoup its legal fees from anyone else. Is this a case that should be tried? What is the settlement value and how best to realize this?
To paraphrase Clausewitz, business and real estate litigation often is negotiation by another means. We look at the client's end goals at all times for every decision. We see litigation tasks in the light of whether they optimize the end goals or not. Some other law firms see litigation tasks as billing opportunities. Savvy consumers of legal services must decide whether they want:
1.) to spend money on a big law firm where faceless associates of uncertain skill generate never-seen memos to the file while billing at "blended" rates exceeding $500/hour; or
2.) spend money on experienced lawyers who look for ways to solve the problem while watching the bottom line. Some examples of our costs to solve certain problems:
When a client is considering filing suit or has been sued, the legal and factual "righteousness" of the client's position is but one of many concerns. Other concerns from start to finish should be:
1.) the cost to each party of proving in litigation that they are right;
2.) whether the client's litigation cost can be shifted to the adversary, and insurance carrier, or other third party;
3.) the time and other internal resources to the client's business from this resource drain;
4.) the chance of losing- mindful that the appearance of right is more important in Court that actual right;
5.) how the particular dispute may impact the client's relationships with regulatory and government agencies or other business associates such as vendors, clients, strategic partners, referral sources, etc;
6.) what does/should the client really want at the end of the dispute?
Our firm's partners all have both the life and practice experience needed to understand and guide our client's business goals measured by knowledge of the possible outcomes and the variable costs of choosing different paths. When litigation starts, we also have the trial and mediation skills to use all the needed carrots and sticks to convince unwilling adversaries to find sensible solutions to the dispute.
We consciously blend our trial and negotiation skills because more than 95% of all business and real estate disputes are resolved short of trial. At our firm, you get a top trial lawyer advising every step of the way on all litigation. At some other firms, the top trial lawyer picks up the file for the first time a month or so before trial when lots of money has already been spent and resolution options are limited.
We use many different litigation solutions because every problem is different. Sometimes businesses are sued without any legal grounds. If paying "extortion" to settle a suit without merit doesn't meet the client's goals (although we will often tell the client bluntly that it is the least expensive solution), we have great success obtaining pre-trial dismissals and judgments. Sometimes suits arise from basic miscommunication. We have great success in resolving or avoiding lawsuits by picking up the phone and making a few phone calls. Sometimes, the adversaries need a neutral person to hear their positions. We have great success and insight into different types of mediation and other dispute resolution processes and providers to provide early economical negotiated solutions. Sometimes, resolution is difficult if not impossible. We pride ourselves on our creative approaches to solve tough problems. And, if all else fails and trial it must be, we provide top trial services. Size is not an issue, our trial partner contracts with trial support personnel as needed and who serve under his first-hand direction.
If you have had any of the following typical experiences, you might consider asking us to review your problem.
1.) My lawyer said we could knock out the complaint by filing a demurrer, but the Court denied our motion and I got stuck with a $10,000 bill.
Courts liberally construe the contents of a complaint or other pleading. Courts will not dismiss a complaint or cross-complaint upon the filing of a demurrer unless it does not seem possible to fix any defect by amending. Unless there is a fatal and incurable defect appearing on the face of the complaint, spending money on a demurrer is usually not a cost-effective solution to a litigation problem.
2.) My lawyer said we need to do some discovery but didn't say what.
While obtaining discovery is often critical to success, unless the client has unlimited money a savvy client must make informed choices of what discovery to do and a discovery plan is a must. Discovery enables one to learn the adversary's version of the facts. Often discovery can be used to obtain damaging admissions from an adversary. But a day's videotaped deposition can cost $3000-$4000 for the court reporter and videographer, before the lawyer's time is added. Unlimited depositions are good for the lawyers on the clock. Review of all available discovery tools and the costs, advantages, and disadvantages is a must before going down this path. It's also critical to realize from the start the adversary has broad discovery rights that can coast a client a lot of money.
3.) My lawyer said we can go to mediation, but it will make us look weak.
Courts almost always require that clients make an informed choice about and participate in one alternative dispute resolution process before a trial date is assigned. Choosing which process to use, when to use it, and how to use it effectively, are key decision points for the client in litigation and should not be shrugged off.
4.) My lawyer said I have a great case, and I should take it through trial.
Trial is a failure to negotiate effectively. Sometimes there is no avoiding this failure, especially if one's adversary is very unreasonable. But say that the client's damages in a case are $3 million if proven, that winning such damages has a 60% chance (losing or receiving small damages are the other chances), trial will last 6 weeks at a cost of $150,000 where many of the client's key employees must attend daily, the adversary has a cross-complaint for $1 million with a 40% chance of success, both sides could have an ongoing business relationship, and neither side can recoup its legal fees from anyone else. Is this a case that should be tried? What is the settlement value and how best to realize this?
These case histories, testimonials, and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. You understand and agree that using this website in no way implies our acceptance of an attorney-client relationship. The material contained herein is not offered as legal or any other advice on any particular matter.
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