Whether you are on the plaintiff or defense side, you have an obligation continually to advance your case. I’m surprised how often lawyers allow their cases to languish, to the detriment of their clients. At the beginning of each case, you need to define a win with your client, whether the plaintiff or defendant, develop a plan to achieve your goals, define the action steps for each goal, and do the daily hard work and grind to accomplish those tasks. There is no stasis in litigation. If you’re not winning, you’re losing, and if you’re not gaining ground, you’re giving up ground.
Propound written discovery as soon as you can. Draft interrogatories, requests for production, and requests for admission. Determine which third parties have records and seek those as quickly as possible. Evaluate which experts you need and involve them early. Figure out whom to depose and schedule their depositions. Use the first 30 days of the case to set in motion everything you need to secure the client’s approved goals.
Sometimes we delay because we’re busy or we want to save the client money. If you’re personally too busy, get others to help. And explain to the client why the first bill or two may be significant because of the work that is necessary to pursue and the tasks that need to be completed. Delaying action to save money often costs more money in the long run. A planned, robust, up-front approach has frequently resulted in early resolutions.
An initial conversation with the client to discuss goals, expectations, preferred outcomes, costs, and approaches helps your team orient and ensures everyone is on the same page. Lack of communication and misunderstandings are common causes of client disputes and can cause headaches for everyone involved. Creating a case plan through trial (knowing most cases settle) with the client, with an explanation and discussion of workflows, decision trees, checklists, and costs, helps everyone evaluate the best approach to the case. When a client understands the undertaking and price tag for a case, they may decide on a different approach or resolution.
It’s easy to plow into a case, do the standard fare folks do, and figure out the case as you go. I see this too often, and it rarely works. My best results came in matters where opposing counsel had little to no plan and were only focused on the task at hand. We wouldn’t build a house without a plan. We wouldn’t start a business without a plan. You shouldn’t handle a case without a plan.
Most lawyers handle a limited number of case types. If this is you, prepare a default case outline and action plan for each case type, and use them as a jumping-off point each time you start a new case. Starting each case with a client-approved plan (which will undoubtedly evolve over the course of the case) ensures a well-reasoned approach where everyone is on the same page.
To resolve a case on your terms —on favorable terms — you need to be proactive, push your case forward, and work your plan. This approach will yield the best results for your client.
Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury. You can follow him on LinkedIn, where he has about 80,000 followers.
The post Being Proactive: How To Advance Your Cases appeared first on Above the Law.
Whether you are on the plaintiff or defense side, you have an obligation continually to advance your case. I’m surprised how often lawyers allow their cases to languish, to the detriment of their clients. At the beginning of each case, you need to define a win with your client, whether the plaintiff or defendant, develop a plan to achieve your goals, define the action steps for each goal, and do the daily hard work and grind to accomplish those tasks. There is no stasis in litigation. If you’re not winning, you’re losing, and if you’re not gaining ground, you’re giving up ground.
Propound written discovery as soon as you can. Draft interrogatories, requests for production, and requests for admission. Determine which third parties have records and seek those as quickly as possible. Evaluate which experts you need and involve them early. Figure out whom to depose and schedule their depositions. Use the first 30 days of the case to set in motion everything you need to secure the client’s approved goals.
Sometimes we delay because we’re busy or we want to save the client money. If you’re personally too busy, get others to help. And explain to the client why the first bill or two may be significant because of the work that is necessary to pursue and the tasks that need to be completed. Delaying action to save money often costs more money in the long run. A planned, robust, up-front approach has frequently resulted in early resolutions.
An initial conversation with the client to discuss goals, expectations, preferred outcomes, costs, and approaches helps your team orient and ensures everyone is on the same page. Lack of communication and misunderstandings are common causes of client disputes and can cause headaches for everyone involved. Creating a case plan through trial (knowing most cases settle) with the client, with an explanation and discussion of workflows, decision trees, checklists, and costs, helps everyone evaluate the best approach to the case. When a client understands the undertaking and price tag for a case, they may decide on a different approach or resolution.
It’s easy to plow into a case, do the standard fare folks do, and figure out the case as you go. I see this too often, and it rarely works. My best results came in matters where opposing counsel had little to no plan and were only focused on the task at hand. We wouldn’t build a house without a plan. We wouldn’t start a business without a plan. You shouldn’t handle a case without a plan.
Most lawyers handle a limited number of case types. If this is you, prepare a default case outline and action plan for each case type, and use them as a jumping-off point each time you start a new case. Starting each case with a client-approved plan (which will undoubtedly evolve over the course of the case) ensures a well-reasoned approach where everyone is on the same page.
To resolve a case on your terms —on favorable terms — you need to be proactive, push your case forward, and work your plan. This approach will yield the best results for your client.
Frank Ramos is a partner at Goldberg Segalla in Miami, where he practices commercial litigation, products, and catastrophic personal injury. You can follow him on LinkedIn, where he has about 80,000 followers.
The post Being Proactive: How To Advance Your Cases appeared first on Above the Law.
