Defining A Win In Litigation

Drew York | Gray Reed & McGraw | October 31, 2019

Does a “win” in litigation require a final judgment in your favor? Not necessarily. Litigation “wins” are defined by the circumstances facing a party at the outset of litigation, and how those circumstances change as litigation progresses. Over the next few months we will dive deeper into this topic, and talk about issues such as:

  • Taking the emotion out of litigation: why being cool, calm and objective reduces the cost and strain of disputes;
  • Why it is important to have clear, comprehensive communication and buy-in between the client and attorney concerning the client’s goals in the litigation, and the game plan the attorney and client intend to follow during the case;
  • Good navigators: why constantly re-evaluating litigation is crucial to meeting your goals;
  • Why the distraction of litigation is a “hidden” additional costs to your company;
  • The benefits of resolving a dispute prior to litigation;
  • Mitigating the plaintiff’s damage recovery at trial can be just as good of a win;
  • Reputation matters: how your stance in litigation conveys a message to your vendors, competitors, and even your employees; and
  • The big picture: how will the outcome of this litigation affect my business relationships going forward?

Tilting the Scales in Your Favor

Do not necessarily assume that you must get a final judgment in your favor to “win” the outcome of a particular piece of litigation. There are many ways in which your company can win a dispute short of a judgment. Those that understand all of these interconnected avenues are best equipped to handle the “ups” and “downs” that come with protracted litigation.

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