A Few Helpful Pointers in Approaching a Legal Dispute

Clients frequently see law as a matter of right and wrong.   Business disputes, however, are a matter of money.  Courts do not necessarily determine right or wrong.  They apply laws to determine entitlement to money.

In approaching a business dispute, the prospective litigant should ask the following questions:

• What goals do I want to achieve?  These may include recovery of money, making a statement to the market or within a business, or various other financial or business goals.  (Keep in mind that no goal or outcome is guaranteed in the legal process.)
• What is in my personal and financial best interest?  Do not consider whether the other person is benefiting from a resolution; consider only what is best for you in the long term.  Consider hidden costs, such as the time and attention away from your own business endeavors to assist with the lawsuit.
• What information do I have that can assist my lawyer to achieve my goals?  Broadly speaking, there are two types of helpful information: (1) documents, electronic data, voice recordings, photos, etc. that might bear upon the issues.  These must be preserved and not compromised or destroyed in any manner.  (2) In addition, consider what knowledge you have about the other side’s interests that might assist not only with the lawsuit but in reaching a compromise solution.    
• Based on the goals that I have, what are the most important characteristics my counsel should possess?  These might include experience, intelligence, creativity, responsiveness, geographic location, knowledge of the courthouse or the adverse lawyer, and, of course, cost.