Why Litigation Is Nothing More Than A Business Tool – 26 Unbreakable Rules of Litigation!
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, creator of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from federal government, banking, insurance coverage and every other aspect of world commerce – to grow geometrically and remain around, lawsuits needs to be (wisely) utilized and mastered.
I will, as briefly as I can, memorialize the prominent points of utilizing lawsuits as a service tool.
Now prior to I begin, I desire it on the record, some 50% of my 30-year performance history of lawsuits has actually had absolutely nothing to do with winning cash, i.e., lots of suits have actually been over concept, some were to right an abhorrent incorrect such as slanderous remarks made about me; and some were due to the fact that an entity simply required an excellent comeuppance and no one else would bring the flag into fight.
I, like Don Quixote, have actually combated lots of a windmill.
As you’ve heard me speak and discuss, when developing your ‘Dream Team,’ you desire Big Five accounting professionals and a big nationwide or worldwide company of legal representatives – the very best representation you can’t manage!
Unlike the success-oriented costs I coach you to utilize when helping with deals, no law practice will prosecute at first on this basis.
Maybe if your case is particularly strong, they will do it on a contingency basis. You will be utilizing, from time-to-time, lawsuits as a placing tool and your case might not be something you can seriously utilize.
A year or 2 back, being entrusted to a pig-in-a-poke, I needed to prosecute a case having specious realities at finest to support my preferred result. Our (my) obvious desire for lawsuits was more powerful than their desire to combat a difficult battle, so a fairly great settlement was lastly gotten here at.
Naturally, throughout this procedure my excellent attorneys counseled us, encouraging our case required to be much more powerful, and so on. Even with terrific attorneys, it is their task to inform you the drawback threats. Once again, what occurs is you are typically terrified from pursuing your case.
Great attorneys win so-so claims. Excellent legal representatives can win claims in which you have little or no opportunity to win.
3 of my preferred litigators for many 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 3 have actually dug me out of some quite huge great voids.
I’ve handled them 10 and 20 years respectively. They deserve every cent they charge!
Our judicial system works, however we mature hesitating of it. It’s escape of our convenience zone so we prevent ourselves from taking advantage of it. Generally the expense connected with it keeps us from utilizing it.
I’m presently involved in lawsuits where the supplementary gamers to the lawsuits have rights which are being badly broken. A big group of individuals might bring terrific pressure to bear, however they’re scared since of previous disappointments. They might get what they are worthy of however aren’t pursuing their benefits.
There are attorneys who handle cases for humanitarian factors, if the case warrants, in company too, i.e., huge significant corporations benefiting from the system due to the fact that of their size alone.
Why do you wish to start the claim so you are the complainant? As the complainant, you choose where and when the suit is combated and most likely eventually adjudicated.
This can be a big benefit. And second of all, the complainant is permitted 2 closing arguments, implying you (your attorney) gets to deal with the judge and/or jury as soon as and after that once again after the offenders’ closing argument. This can likewise be extremely essential.
26 Unbreakable Rules of Litigation
# 1 CHOOSE YOUR BATTLES
# 2 CHOOSE THE VENUE
# 3 BE THE PLAINTIFF
# 4 HAVE THE BEST REPRESENTATION
# 5 LISTEN TO YOUR HEART
WHEN YOU’RE OUT OF YOUR COMFORT ZONE, # 6 DON’T LISTEN TO YOUR SICK STOMACH
# 7 DON’T LISTEN TO RELATIVES, FRIENDS, ET AL.
# 8 LISTEN TO EXPERIENCED LITIGANTS – LIKE ME!
# 9 GENERALLY SPEAKING, DON’T WORRY ABOUT THE COST (THIS IS VERY HARD!).
# 10 BIG LAWSUITS ARE BETTER THAN SMALL ONES.
# 11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY.
# 12 PREPARATION (YOURS) IS EVERYTHING – KNOW THE FACTS.
# 13 PRACTICE DEPOSITIONS AND TRIALS.
# 14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE).
# 15 NEVER GIVE UP.
# 16 DON’T BE INTIMIDATED BY THE PROCESS.
# 17 USE MOCK TRIALS (PRETEND TRIALS YOU CARRY OUT IN FRONT OF A HIRED JURY).
# 18 DRESS SIMPLE AND CONSERVATIVELY IN COURT – NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN.
# 19 DON’T LOSE YOUR TEMPER IN COURT – IT’S OKAY TO CRY IF IT’S REAL.
# 20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. IF POSSIBLE, kids ALSO. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY.
# 21 NO QUOTES TO THE PRESS OTHER THAN ‘WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT’. YOUR WORDS CAN EASILY BE TURNED AROUND.
# 22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE – YOU NEVER KNOW WHO MIGHT OVERHEAR.
# 23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM.
# 24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.
# 25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE jury and the electronic camera. MAKE EYE CONTACT.
# 26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON’T KNOW THE ANSWER, SAY YOU DON’T KNOW THE ANSWER.
Practically all huge law companies have great to super-good legal representatives. You do not constantly require a fantastic legal representative, however at some point if you grow geometrically, you will.
Like any other job management, lawsuits should be handled. Like speech-giving, you end up being a terrific litigant by going through a knowing curve.
I do not suggest you need to get associated with losing efforts (like making bad speeches so after a long time you make great speeches) to get in a position to win in court. Big law office will enable you to get ahead of the knowing curve.
The Quantum Leap method talks advertisement nauseam about following your dreams. Life without dreams resembles a bird with a damaged wing – it can’t fly. Since often you’ll require lawsuits to follow your dream, I composed this newsletter.
Head out and kick some butt, and do not let standard knowledge keep you from attaining your dream.
Standard knowledge states Don’t Litigate.
All high-performance individuals and the terrific companies of the last one a century did and do prosecute as I compose this letter.
Do not prosecute frivolously – however do not hesitate to either.
To Your Quantum Leap,.
Daniel S. Peña, Sr
.
Of course, throughout this procedure my great legal representatives counseled us, recommending our case required to be much more powerful, and so on. I’m presently involved in lawsuits where the supplementary gamers to the lawsuits have rights which are being significantly breached. Essentially all huge law companies have great to super-good legal representatives. You do not constantly require a fantastic attorney, however at some point if you grow geometrically, you will.
I composed this newsletter since in some cases you’ll require lawsuits to follow your dream.