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S P R I N G 2 0 1 5
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one that has a very high verdict value,
your lawyer should tell you. If the case
has turned against the client halfway into
discovery, or if some witness has testified
in a manner that was totally unforeseen,
to the detriment of the theory of the
case, your lawyer should tell you. And if
reasonable settlement efforts have been
unsuccessful, your lawyer should not be
afraid to try the case. Fear has no place
in successful legal relationships.
5. Passion and Compassion
We have all seen lawyers who just don't
care about the work they do. When a
lawyer is passionate about what they do,
it shows. It shows in the way their file is
organized, it shows in their writing and
their demeanor with opposing counsel
and their clients. Even more importantly,
I believe that it is critical that attorneys
and law firms have compassion. I have
seen many serious cases in my practice
and been involved in cases that we won
that could have gone the other way. By
being compassionate, it allows one to see
beyond one's point of view and at times
leads to a favorable compromise that is a
win-win for everyone involved.
6. Honesty About Whether to
Try a Case or Settle
Companies cannot have confidence and
trust in their chosen counsel if they
are told, on a consistent basis, that a
case should be tried and then counsel
switches gears at the courthouse steps
or as the case is on the eve of trial and
begins to advocate for a settlement. We
all know, and companies know, that
change in strategy in some cases is
inevitable. But it is also fair to say that
this change can be anticipated. Clear
and constant communication in a matter
with a company will lead to avoiding any
last minute change in strategy.
7. Not Churning the File
A lawyer or law firm should never churn
any file or case, or just "bill the file."
Companies and executives know when
and which law firms are just churning
the cases or doing tasks just to get more
billable time on a file. A lawyer should
be accountable and have a clear goal
with everything that he or she does on
the case, making sure it furthers the
theory of the case.
8. Great Advocacy
Companies hire lawyers to be their
advocate or the advocate for their
insureds. Being a great advocate
requires great advocacy in every facet
or task of the matter assigned, not
just in the courtroom. Great advocacy
should be displayed in all of a law firm's
communications with opposing counsel,
with the client and with the court.
9. Litigation Experience and
Industry Knowledge
Actual litigation experience within
the topic or issues at hand is a very
important factor in selecting counsel. It
is important for companies to know that
the attorney they are hiring has actual
experience on a topic which would
make them or their firm more efficient
at arriving at an acceptable solution.
Another key is for counsel to have
knowledge of the particular industry. If
counsel knows the industry, they can
anticipate the discovery process and
better pinpoint the information that
will be needed to be successful in the
litigation.
10. Polished Shoes
Let's face it. Appearance matters.
Companies should seek out counsel
who are polished. That requires your
intended counsel to be the best version
of themselves. When I obtained my
LLM in Trial Advocacy degree many
years ago, one of the best defense trial
lawyers in the country teaching the
course emphasized that 80 percent of all
communication is nonverbal. A lawyer's
appearance matters; especially with
clients, companies and the court.
These are the standards our firm, and
other Primerus firms, hold, and I believe
clients should demand this from any
litigation counsel representing them.