An effective lawyer should do what he or she can to negotiate a resolution to any dispute that his or her client is engaged in. It is simply generally more cost-effective to negotiate a resolution to a dispute than it is to successfully prosecute or defend a lawsuit to a conclusion. However, a successful negotiation requires two or more parties willing to find a middle ground between the parties’ respective interests.
Quite often, when a person chooses to retain an attorney, they do so because a party with different or opposing interests has already made it clear that they do not intend to act, or refrain from acting, as the requesting party wishes them to. It is also possible that the person seeking legal representation is the party who is being asked to act or refrain from acting in some particular manner with which they themselves can’t or won’t comply.
Successfully representing a client often involves making it clear to an opposing party that you have the commitment, experience, law, resources, and skills needed to bring about the desired result and actually bringing those elements to bear when negotiation fails and the only left to do is to have a court make your adversary do what they won’t otherwise voluntarily do.
It is critical to the success of a client’s case that once a case appears headed for litigation or litigation commences, that his or her attorney issue appropriate document retention notices, identify witnesses and document custodians, draft appropriate offensive and/or defensive pleadings, issue and answer appropriate discovery demands, issue and respond to subpoenas, review discovery productions, conduct depositions, identify and hire expert witnesses, prepare witness lists and trial exhibits, prep witnesses and questions for witnesses at trial.
If you are engaged in a dispute and are looking for an attorney ready willing and able to fight for you and your cause, please contact us.