Litigation attorneys currently work within a conflict resolution system that is a losing situation for everyone involved—from claimants to defendants to attorneys (on both sides of the dispute). Everyone knows the drill: A lawsuit is filed by an attorney for a claimant; the defendant responds by hiring an attorney who prepares a pre-answer motion or files a formal answer to the complaint; issue is joined and the battle lines are drawn; an expensive and disruptive discovery phase ensues (that can typically last for years), motions are filed and arguments presented; a trial is scheduled, with costly advance preparations; on the eve of jury selection, serious negotiations ensue and the case is settled, often for an amount the defendant would have paid much earlier, or in excess of the amount which would have resolved the case much earlier, had the facts been efficiently collected and the matter treated as a business transaction rather than a heavyweight title bout. This is the prevailing pattern in the vast majority of all cases filed in this state and nationwide.
The High Cost of Litigation
When the settlement agreement is finally reached, company counsel is, at best, resigned, and at worst, angry and disappointed. Outside counsel feel they did the best job possible to hold off the inevitable. Plaintiff and his or her counsel feel they were beaten down, forced to wait years and fight Goliaths to get what was “due” them and that they are justified in concluding that corporations are evil and greedy and will do anything money can buy to avoid taking responsibility for their actions.
