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. 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. 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 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. 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. 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. the topic or issues at hand is a very 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. 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. |