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When the chips are down, business owners need to know that they've got a fighter in their corner. Litigation is something to be avoided when at all possible, but in this day and age, is unfortunately something that every business owner will have to deal with sooner or later. |
At General Counsel (GC), our approach to litigation is three simple steps. First, always prepare well in advance with policies and procedures set in place so that when and if a suit does come, the client has defenses already in place. That way, instead of having a conversation saying "if only you'd done X," the comment is "aren't you glad you did X?" |
Second, GC always keeps the business realities in mind. If a case can be settled for $10,000.00 and will cost $50,000.00 in fees guaranteed out the door, then settlement may be a reasonable avenue of exploration. GC continuously updates its liability and damages assessments during litigation to keep an eye on settlement and the potential for a negotiated (and less expensive) resolution. |
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Third, if the case ever goes to trial, then the work must have been done to obtain a verdict. Losing at trial is simply not an option. So, if trial is indeed in the cards, then the case must be worked up for a win. Period. |
Business litigation is costly and risky. GC's founder comes from ax `x` litigation background and carries this knowledge into the transactional and general counsel aspects of the practice, so that business owners can be aware of and avoid the pitfalls involved in this task. |
Case in focus: Professional plaintiff sued for failure to comply with the ADA (plaintiff's 300th such lawsuit), demanding over $500,000.00. GC settled for $20,000.00, which was less than one fifth what the attorneys' fees would have been through trial. |
In these litigious times and most especially here in California, it is simply just not possible to dodge the litigation bullet forever. The key is to be ready before the trigger is pulled, to have an accurate assessment of the case for a possible early exit and, if forced, to win at trial. |
