Our litigators’ talents are best showcased in their management of complex litigation. Litigation can be characterized as complex because of the presence of one or more of the following characteristics:
- A large number of parties, or potential parties with varying claims, defenses or interests.
- Evidence or potential evidence that presents challenges because of its volume, age, accessibility, or technical or scientific nature.
- The use by other parties of aggressive litigation tactics, such as voluminous discovery requests, motions, and requests to the court for relief.
- The number of witnesses and potential witnesses, and the need to take or defend a large number of pretrial depositions.
- The need to manage a team of attorneys, paralegals, client representatives and consultants, and the need to work cooperatively with multiple parties who share the client’s interests.
- A heavy reliance on expert witnesses to evaluate the evidence and present it, or the need to depose and cross-examine a significant number of expert witnesses.
In complex litigation, all risks commonly associated with litigation are magnified. Evaluation of the law and evidence is more challenging, stakes are usually higher, timeframes unduly short, and expense of litigation potentially great. The keys to our success are planning, synthesis, and presentation.
At each stage in the litigation , we keep our clients apprised of our assessment of the merits of the parties’ claims and defenses, and our estimate of costs. At the outset, we define the specific challenges that the litigation presents and identify the most efficient and most effective ways to address them. We develop a plan to execute efficiently and effectively, and we periodically re-evaluate the plan and modify it as the case develops. We staff the litigation with the attorneys and paralegals whose skills and experience fit the particular work at hand. We regularly communicate our planning and our progress to our clients, and seek their input.
Litigation can be complex because of the number and type of legal, procedural and factual issues involved. We diligently work through the legal and procedural issues. We gather the facts through discovery and investigation. We have experience managing, organizing, and analyzing large bodies of documents and electronic information. While gathering the information is essential, the real value of our work is synthesizing the facts and the law into strong evidence and compelling argument. Our attorneys are especially adept at both.
With a mastery of both law and facts, we provide our clients with options and recommendations for resolving the litigation. Where settlement is the chosen option, we use our mastery of law and facts to negotiate an optimal settlement. Where the case moves to trial, we will prove to the judge and jury our client’s right to prevail. In the tangle of issues, we will find and articulate the guiding principles that promote our clients’ rights, and marshal the evidence to justify our clients’ success. This is the highest form of advocacy. It is what we enjoy doing.