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12
T H E P R I M E R U S P A R A D I G M
Ten Things Companies Should
Look for in Litigation Counsel
Attorneys value a great relationship
with a company that is loyal to our firms
and rewards our efforts by continually
providing us with new assignments
and cases to handle. And clients value
finding an attorney and/or law firm
they can trust. After nearly 30 years of
practicing law, my experience has shown
there are some characteristics that a
client should look for in selecting their
litigation counsel. These are my top ten:
1. Setting Realistic Expectations
2. Results
3. Creativity
4. No Fear
5. Passion and Compassion
6. Honesty About Whether to
Try a Case or Settle
7. Not Churning the File
8. Great Advocacy
9. Litigation Experience and
Industry Knowledge
10. Polished Shoes
These top ten are by no means the only
things that companies can or should
look for, as every company has specific
guidelines that they require their counsel
to follow. Please feel free to take some
or none of this advice as you apply it to
your situation.
1. Setting Realistic Expectations
One of the most important things is
honesty in stating the chance of success
and the expected cost of litigating the
case. At the very inception of the case
or when a lawyer has developed enough
facts, it is critical to fully analyze
the case and give a fair and honest
assessment of what it will cost to litigate
the case. Just about every company or
insurance carrier our firm works with
requires that we set forth a detailed
budget of the cost of litigation. At times,
the chance of success or the budget
may change, so constant vigilance is
required to make certain that the initial
assessment and budget are accurate and
reflective of what has transpired in the
litigation. No one likes surprises when it
comes to litigation.
2. Results
At the end of the day, law firms and
lawyers will be judged by the results
they obtain. Will the results be
outstanding or just mediocre? Law firms
and lawyers are in the service business.
Thus, they must make a conscious effort
to deliver outstanding service to clients
on a consistent basis.
3. Creativity
It is not enough to be just a great writer
or just a great trial lawyer. All great
organizations thrive and grow because
of creativity. Clients should value
innovative thinking. They should look
for counsel who "think outside the box"
and who can anticipate how opposing
counsel will come at them.
4. No Fear
Companies deserve to know the truth
and nothing but the truth. Lawyers
should not fear that the company or the
carrier doesn't want to hear bad news.
If the case is one that should be settled,
your lawyer should tell you. If a case is
North America ­ United States
Thomas Paschos is a partner of the law firm of Thomas Paschos
& Associates, PC. He practices in the fields of professional liability,
employment litigation, insurance coverage, products liability and
complex commercial litigation.
Thomas Paschos & Associates, PC
30 North Haddon Avenue, Suite 200
Haddonfield, New Jersey 08033
856.528.9811 Phone
856.354.6040 Fax
tpaschos@paschoslaw.com
paschoslaw.com
Thomas Paschos