Why Litigation Is Nothing More Than A Business Tool – 26 Unbreakable Rules of Litigation!
From Bill Gates at the conclude of the last century to John D. Rockefeller at the close of the prior century from Rick Scott, founder of Columbia Wellbeing Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Occasions from government, banking, insurance and every other side of globe commerce – to improve geometrically and remain all around, litigation will have to be (prudently) utilised and mastered.
I will, as briefly as I can, memorialize the salient points of working with litigation as a business software.
Now prior to I start off, I want it on the record, some 50% of my 30-year track report of litigation has experienced nothing to do with winning cash, i.e., numerous lawsuits have been in excess of principle, some ended up to correct a heinous erroneous these types of as slanderous remarks built about me and some have been simply because an entity just required a superior comeuppance and no person else would have the flag into struggle.
I, like Don Quixote, have fought several a windmill.
As you’ve got heard me discuss and compose about, when developing your ‘Dream Staff,’ you want Huge Five accountants and a substantial nationwide or global firm of lawyers – the greatest representation you are unable to find the money for!
Contrary to the achievement-oriented charges I mentor you to use when facilitating transactions, no legislation firm will litigate initially on this foundation.
Potentially if your case is in particular robust, they will do it on a contingency foundation. Regrettably, you will be making use of, from time-to-time, litigation as a positioning instrument and your circumstance may perhaps not be a little something you can critically leverage.
A calendar year or two in the past, staying remaining with a pig-in-a-poke, I experienced to litigate a scenario having specious facts at best to assistance my desired final result. Fortuitously, our (my) obvious lust for litigation was stronger than their wish to combat a hard combat, so a fairly excellent settlement was at last arrived at.
Of program, throughout this approach my excellent attorneys counseled us, advising our scenario needed to be substantially much better, and many others. Even with wonderful lawyers, it is their job to inform you the draw back threats. All over again, what transpires is you are typically worried from pursuing your circumstance.
Superior attorneys gain so-so lawsuits. Fantastic legal professionals can gain lawsuits in which you have minor or no probability to win.
A few of my favourite litigators in excess of the several 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 major black holes.
I have dealt with them 10 and 20 yrs respectively. They are well worth each penny they cost!
Our judicial procedure functions, but we mature up currently being frightened of it. It can be way out of our consolation zone so we preclude ourselves from benefitting from it. Generally the value associated with it retains us from applying it.
In actuality, I’m at this time embroiled in litigation where the ancillary players to the litigation have legal rights which are getting seriously violated. A large group of people today could deliver wonderful tension to bear, but they are frightened simply because of previous undesirable activities. They could get what they are worthy of but usually are not pursuing their finest interests.
There are attorneys who consider on cases for humanitarian explanations, if the situation warrants, in company as well, i.e., massive big organizations using gain of the process for the reason that of their measurement by itself.
Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you decide on exactly where and when the lawsuit is fought and possibly in the end adjudicated.
This can be a huge edge. And secondly, the plaintiff is permitted two closing arguments, that means you (your lawyer) gets to handle the choose and/or jury after and then again soon after the defendants’ closing argument. This can also be extremely crucial.
26 Unbreakable Guidelines of Litigation
#1 Pick YOUR BATTLES
#2 Decide on THE Location
#3 BE THE PLAINTIFF
#4 HAVE THE Best Illustration
#5 Listen TO YOUR Coronary heart
#6 Do not Listen TO YOUR Sick Abdomen WHEN You are OUT OF YOUR Ease and comfort ZONE
#7 Will not Listen TO Relations, Pals, ET AL
#8 Listen TO Skilled LITIGANTS – LIKE ME!
#9 Generally Speaking, You should not Be concerned ABOUT THE Charge (THIS IS Extremely Tough!)
#10 Massive LAWSUITS ARE Improved THAN Smaller Kinds
#11 ELECT JURY TRIALS, AS OPPOSED TO A Judge ONLY
#12 Planning (YOURS) IS Every thing – KNOW THE Specifics
#13 Follow DEPOSITIONS AND TRIALS
#14 IF YOU ARE Imagining OF A Much better Strategy, GET A NEW Lawyer (NOT Correct IN MY Circumstance)
#15 Never GIVE UP
#16 Don’t BE INTIMIDATED BY THE System
#17 USE MOCK TRIALS (Fake TRIALS YOU DO IN Entrance OF A Hired JURY)
#18 Gown Simple AND CONSERVATIVELY IN Court docket – NO Jewellery Besides A Wedding day BAND WHITE SHIRT, Plain TIE AND Dim Fit FOR Men AND THE Equivalent FOR Women Brief GROOMED HAIR FOR Adult males
#19 Do not Lose YOUR Temper IN Court docket – It can be Ok TO CRY IF It is Serious
#20 HAVE YOUR Wife or husband IN THE Entrance ROW Just about every Working day. Children ALSO IF Attainable. OTHER Spouse and children Members IN 2nd ROW IS Alright
#21 NO Quotes TO THE Press OTHER THAN ‘WE Think IN OUR Circumstance AND THAT IS WHY WE WENT TO COURT’. YOUR Phrases CAN Very easily BE TURNED Close to.
#22 WHEN YOU Split FOR LUNCH OR A RECESS, Remember In no way Communicate IN Public ABOUT THE Situation – YOU Never ever KNOW WHO Could possibly OVERHEAR
#23 WHEN YOU Obtain A Legal Crew THAT WINS, Remain WITH THEM
#24 Constantly Inform THE Truth of the matter, NO Matter WHAT. THE Reality SHALL Established YOU Absolutely free.
#25 During VIDEOTAPED DEPOSITIONS AND IN Courtroom, Glance AT THE Camera AND THE JURY. MAKE EYE Call.
#26 WHEN TESTIFYING IN A DEPOSITION/Trial, IF YOU Do not KNOW THE Response, SAY YOU Really don’t KNOW THE Remedy
It truly is a shut earth of prime litigators. Nearly all major regulation corporations have good to tremendous-good legal professionals. All massive regulation firms don’t have terrific litigators. You you should not often want a terrific lawyer, but sometime if you expand geometrically, you will.
Like any other undertaking management, litigation need to be managed. Sadly, like speech-providing, you grow to be a good litigant by heading via a finding out curve.
I you should not imply you have to get associated in getting rid of endeavours (like producing undesirable speeches so following some time you make great speeches) to get in a situation to earn in courtroom. Large regulation companies will allow you to get in advance of the understanding curve.
The Quantum Leap methodology talks ad nauseam about pursuing your dreams. Life without dreams is like a chook with a broken wing – it are not able to fly. I wrote this e-newsletter due to the fact occasionally you may require litigation to adhere to your aspiration.
Go out and kick some butt, and never allow standard wisdom retain you from attaining your dream.
Conventional knowledge says Will not Litigate.
All high-functionality people and the fantastic companies of the previous 1 hundred several years did and do litigate as I produce this letter.
Really don’t litigate frivolously – but you should not be frightened to possibly.
To Your Quantum Leap,
Daniel S. Peña, Sr.