By Eric D. Morton
Although I am not in court as often these days, I have litigated many lawsuits in my career. I’ve come to understand that the field is often surrounded by complexities and nuances that can be daunting. Business litigation is a time consuming and expensive process. To provide clarity and reassurance, I’d like to debunk some common myths and explain some risks about business litigation that may influence your perception and decisions in legal matters.
“This case is a slam dunk.”
Litigants do not have perspective. They see red and think that their cause is righteous. It’s tempting to think some cases are guaranteed wins, especially when the facts seem overwhelmingly in your favor. However, litigation is inherently unpredictable. Litigants often overlook or minimize facts that are not favorable to them. Various factors like judicial discretion, opposing counsel’s strategy, and unforeseen evidence can all impact the outcome. As any experienced attorney will tell you, anything can happen in courtroom.
We empathize with our clients. However, we insist on knowing all the facts and viewing all relevant documents before moving forward.
“Once we sue, they will immediately settle.”
Many assume that filing a lawsuit will quickly pressure the other side into settling. I have seen other attorneys and their clients assume their cases would settle, and their lawsuits end up in trial. Litigation can be complex and prolonged; an immediate settlement is not always a given.
Parties also underestimate the following:
Cost of litigation
One crucial factor often overlooked is the cost of litigation. Legal fees, court costs, and other expenses can add up quickly. Ensuring that you have a clear understanding and a strategic plan to manage these costs can make a significant difference. Our team is dedicated to providing transparent and efficient services to minimize financial burdens on our clients.
Time spent on litigation
Litigation is not only financially draining but also time-consuming. Cases can take months or even years to resolve, demanding substantial time and effort from all parties involved. This is why having a strategic approach and efficient legal representation is vital. Our experienced team works diligently to streamline the process and achieve timely outcomes without compromising on the quality of representation.
Our approach
We take approach litigation serious and realistically. We review all the facts and available documents. Although we empathize with our clients, we honestly tell them our opinions of their matters. If we proceed to litigation, we take project approach to cases. We inform our clients of the costs and our fees and lay out the options. We keep our clients engaged and informed at all times.
If you have any questions about litigation or any other legal matters, please do not hesitate to reach out. We are here to help.
Eric D. Morton is the principal attorney at Clear Sky Law Group, P.C. He can be reached at 760-722-6582, 510-556-0367, and emorton@clearskylaw.com.
