- Select someone with whom you feel comfortable working. Experts are great, but if the relationship doesn't come easily, opt for an experienced attorney with whom you see eye to eye. You should not select a "yes" person; rather, choose someone with whom you are comfortable speaking and whom you understand. That lawyer will naturally do a better job with your case because the communication between you is better.
- Get information and input on the lawyers you are considering. It is perfectly reasonable to conduct a background check and investigation on the attorneys that make your short list. Friends and colleagues can also serve as good resources when looking for the right counsel.
- Will developing your argument take time through research and acquiring witness statements, or do you have the information up front to drive early resolution?
- Do you have command of the evidence in your case, or do you need to develop it?
- Does the opponent need you to display a "show of strength" to position your case for a win?
- Alternative dispute resolution (ADR) may be an option. Either party can seek to have the dispute resolved outside of the litigation process at any time. Additionally, courts frequently push parties toward ADR.
- Resolution is a mutual process. While you may be willing to move forward, the other side must also choose that course. Resolution begins when both parties to a lawsuite align with a general desire to look forward rather than backward.
© 2007 Ewing Marion Kauffman Foundation. All rights reserved.
Jayesh Patel Founding Partner Parker Mills and Patel LLP