What Are Litigation Goals?
We’ve all seen ads for attorneys who promise to “fight for our clients.” These ads seemingly imply that if an attorney screams loud enough for his or her client, opposing counsel will be intimidated and back down. The reality of quality legal representation is far different.
Cases are won, and client objectives are achieved, not through intimidation, but through the development and implementation of careful legal strategies supported by evidence (including expert opinion) which persuades an opposing party to choose whether to accept a settlement that has been offered, or risk the additional expense and costs of a trial. Negotiation is best accomplished not through bullying tactics, but rather through preparation and persuasive skills and a focus on how to achieve a client’s objectives in the most cost-effective and timely manner possible.
We have the experience and skills necessary to represent and advise clients in the strategies that are designed to achieve for them the best result possible.
Identifying Strategies to Achieve Client Objectives
While it’s important to be passionate about a client’s case and to work tirelessly on behalf of a client, we believe that the critical role for an attorney is to seek to understand the objectives of a client at the outset, and then to develop considered legal strategies to achieve these objectives. Once a client has selected a specific strategy to be pursued, our role is to implement that strategy as effectively as possible.
In business litigation, often the goal of our clients is not to pursue an expensive legal strategy designed to end in litigation. Instead, our clients typically prefer a strategy that will achieve their goals to the extent possible early in the case – such as recovering a certain dollar amount.
If this is the objective of our client, we seek to aggressively prove their case to the opposing party and to engage in legal strategies designed to promote an early resolution that will be acceptable to our clients. We believe that often a fair settlement is preferable to the risk and expense of trial. We develop the facts and legal theories for trial that assist us in obtaining fair settlements for our clients. We also seek to develop creative solutions on behalf of our clients when necessary.
If an Acceptable Settlement Cannot Be Reached, We Are Ready to Prove the Case of Our Clients at Trial
In Colorado, the vast majority of litigation matters are settled prior to trial, often through mediation or negotiation. In some cases, the positions of the parties are such that there may be no acceptable resolution except for trial. In these cases, we and our clients are well prepared for trial.
We know what it takes to win at trial, and have the experience and tenacity necessary to represent clients effectively.
To find out more about how our firm represents clients in litigation matters, please call us so that we may learn about your case.