While the best business litigation strategy is to avoid litigation or resolve disputes outside of court, including negotiation, mediation or arbitration, once litigation is initiated there are many steps a business can take in conjunction with its lawyer to minimize the delay, cost and collateral damage caused by litigation, regardless of the ultimate outcome. Some of the ways to make business litigation more efficient and less expensive include:
1. Accelerate the process. Generally, the quicker you can move the dispute resolution the less it costs. Proceeding on a fast track forces the parties to be more efficient in preparing for trial, saving you defense or prosecution costs.
2. Stay involved. Businessmen reach solutions. Lawyers sometimes get too deeply involved in the process rather than the solution. Designate a person within your business to manage the dispute, facilitate trial preparation and keep all parties on track toward a resolution.
3. Identify and decide key issues first. As most of the facts in business litigation are known and the relevant documents available to all parties, focus on what is important and what issues need to be decided in order to resolve the dispute, rather than be distracted by side issues.
4. Limit discovery and motion practice. Lawyers tend to engage in substantial pretrial discovery and motions, much of which is not result orientated but process focused. Keep counsel on track to resolving the dispute by evaluating whether all of the discovery is needed and if the pursuit of the proposed motion expedites a resolution.
5. Involve experienced counsel. Experienced counsel can help identify key issues and evidence early, streamlining the process to dispute resolution by settlement, trial or otherwise.
Brooks, Tarulis & Tibble, LLC approaches litigation with an overall strategy designed to bring the dispute to resolution quickly and efficiently.