Some lawyers, especially lawyers who exclusively bill by the hour, sell their clients on filing a lawsuit. It's not hard to do. The client is upset because they have been wronged in someway, and the attorney can direct the client's frustration and anger into filing a lawsuit. Not all attorneys do this, but many do. After all, what could be better for the lawyer than a client who will pay the lawyer on an hourly basis to battle it out in court? And remember this - when it comes to most commercial litigation and pay by the hour lawyers, the lawyers take no risk because they get paid win, lose or draw.
Before filing suit, ask the hard questions and demand hard answers: How can a lawsuit benefit us? What will we accomplish with this lawsuit, what will the ROI likely be, and is there a better way to go? In addition, in many cases the business should consider hiring an independent and experienced litigator to coach them through the litigation decision-making process. Having an experienced lawyer who does not stand to gain from filing the lawsuit will often help you make a better decision.
Mark D. Walters | Copyright 2010
Originally Published 2010