How to Overspend and Lose the Case: Ten Common Mistakes in Big Ticket Litigation (English Edition) [Kindle-editie] beoordelingen het boek quotes

This chapter will discuss ten common mistakes made in complex business litigation. Often disguised as “strategic” decisions, such mistakes can substantially increase the cost of litigation without adding much if any real value. Indeed, some of these mistakes can make it much more difficult to actually prevail – or to prevent a so-called victory from becoming merely pyrrhic. Litigation has become extremely complex and expensive. And the prevalence of e-discovery has only made the situation worse. So too has the loss of civility between professionals. Today, litigation is often seen as survival of the fittest. And the fittest are all too often interpreted as the most aggressive. Not that being aggressive is necessarily a mistake. By itself, it is simply one of the tools a litigator has in his or her toolbox. It is not one of the mistakes that we discuss in this chapter, but if an attorney is not careful, uncontrolled aggressiveness can easily lead to one or more of the mistakes we do discuss. So keep that in mind as you read on. Of course, even if you avoid these mistakes, we cannot guarantee that you will always win or even spend less. But it will certainly help. Based on our many years of experience, we approach each piece of litigation with a conscious eye toward avoiding these kinds of mistakes. “Forewarned is forearmed” may be a cliché, but like all clichés it has more than an ounce of truth. Having seen over the years how parties and attorneys needlessly increase the cost of litigating while simultaneously decreasing their chance of winning, we have hopefully learned to avoid these traps—and to educate our clients on the hows and whys. And now you will be able to do so as well.