From Invoice Gates on the finish of the final century to John D. Rockefeller on the finish of the earlier century; from Rick Scott, founding father of Columbia Well being Care, to AT&T: from Richard Branson and British Airways to Dan Peña and The Monetary Occasions; from authorities, banking, insurance coverage and each different side of world commerce – to develop geometrically and keep round, litigation should be (prudently) used and mastered.
I’ll, as briefly as I can, memorialize the salient factors of utilizing litigation as a enterprise software.
Now earlier than I begin, I need it on the report, some 50% of my 30-year observe report of litigation has had nothing to do with successful cash, i.e., many lawsuits have been over precept, some have been to proper a heinous flawed akin to slanderous remarks made about me; and a few have been as a result of an entity simply wanted comeuppance and no one else would carry the flag into battle.
I, like Don Quixote, have fought many a windmill.
As you’ve got heard me converse and write about, when constructing your ‘Dream Workforce,’ you need Huge 5 accountants and a big nationwide or worldwide agency of legal professionals – one of the best illustration you may’t afford!
In contrast to the success-oriented charges I coach you to make use of when facilitating transactions, no legislation agency will litigate initially on this foundation.
Maybe in case your case is particularly sturdy, they are going to do it on a contingency foundation. Sadly, you may be utilizing, from time-to-time, litigation as a positioning software and your case might not be one thing you may significantly leverage.
A 12 months or two in the past, being left with a pig-in-a-poke, I needed to litigate a case having specious details at finest to assist my desired end result. Luckily, our (my) obvious lust for litigation was stronger than their want to struggle a tough struggle, so a fairly good settlement was lastly arrived at.
After all, throughout this course of my good legal professionals endorsed us, advising our case wanted to be a lot stronger, and so forth. Even with nice legal professionals, it’s their job to inform you the draw back dangers. Once more, what occurs is you’re usually scared from pursuing your case.
Good legal professionals win so-so lawsuits. Nice legal professionals can win lawsuits by which you could have little or no likelihood to win.
Three of my favourite litigators through the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some fairly large black holes.
I’ve handled them 10 and 20 years respectively. They’re value each penny they cost!
Our judicial system works, however we develop up being afraid of it. It is manner out of our consolation zone so we preclude ourselves from benefitting from it. Usually the associated fee related to it retains us from utilizing it.
Actually, I am at the moment embroiled in litigation the place the ancillary gamers to the litigation have rights that are being severely violated. A big group of individuals might deliver nice stress to bear, however they’re afraid due to earlier dangerous experiences. They might get what they deserve however aren’t pursuing their finest pursuits.
There are legal professionals who tackle circumstances for humanitarian causes, if the case warrants, in enterprise as properly, i.e., large main firms making the most of the system due to their measurement alone.
Why do you need to provoke the lawsuit so you’re the plaintiff? Because the plaintiff, you choose the place and when the lawsuit is fought and possibly finally adjudicated.
This generally is a big benefit. And secondly, the plaintiff is allowed two closing arguments, which means you (your lawyer) will get to handle the choose and/or jury as soon as after which once more after the defendants’ closing argument. This can be essential.
26 Unbreakable Guidelines of Litigation
#1 CHOOSE YOUR BATTLES
#2 CHOOSE THE VENUE
#3 BE THE PLAINTIFF
#4 HAVE THE BEST REPRESENTATION
#5 LISTEN TO YOUR HEART
#6 DON’T LISTEN TO YOUR SICK STOMACH WHEN YOU’RE OUT OF YOUR COMFORT ZONE
#7 DON’T LISTEN TO RELATIVES, FRIENDS, ET AL
#8 LISTEN TO EXPERIENCED LITIGANTS – LIKE ME!
#9 GENERALLY SPEAKING, DON’T WORRY ABOUT THE COST (THIS IS VERY HARD!)
#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES
#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY
#12 PREPARATION (YOURS) IS EVERYTHING – KNOW THE FACTS
#13 PRACTICE DEPOSITIONS AND TRIALS
#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)
#15 NEVER GIVE UP
#16 DON’T BE INTIMIDATED BY THE PROCESS
#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)
#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT – NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN
#19 DON’T LOSE YOUR TEMPER IN COURT – IT’S OKAY TO CRY IF IT’S REAL
#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY
#21 NO QUOTES TO THE PRESS OTHER THAN ‘WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT’. YOUR WORDS CAN EASILY BE TURNED AROUND.
#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE – YOU NEVER KNOW WHO MIGHT OVERHEAR
#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM
#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.
#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.
#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON’T KNOW THE ANSWER, SAY YOU DON’T KNOW THE ANSWER
It is a closed world of prime litigators. Nearly all large legislation companies have good to super-good legal professionals. All large legislation companies haven’t got nice litigators. You do not at all times want an ideal lawyer, however someday for those who develop geometrically, you’ll.
Like another venture administration, litigation should be managed. Sadly, like speech-giving, you turn out to be an ideal litigant by going by a studying curve.
I do not imply it’s important to get entangled in dropping efforts (like making dangerous speeches so after a while you make good speeches) to get able to win in court docket. Massive legislation companies will let you get forward of the educational curve.
The Quantum Leap methodology talks advert nauseam about following your desires. Life with out desires is sort of a chook with a damaged wing – it will possibly’t fly. I wrote this text as a result of generally you will want litigation to comply with your dream.
Exit and kick some butt, and do not let typical knowledge hold you from reaching your dream.
Typical knowledge says Do not Litigate.
All high-performance folks and the nice organizations of the final 100 years did and do litigate as I write this letter.
Do not litigate frivolously – however do not be afraid to both.
To Your Quantum Leap,
Daniel S. Peña, Sr.
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