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   Many attorneys promise their clients a win.  Unfortunately, this usually results in the attorney being wrong due to a false sense of security and a large bill for the client.  Anytime the decision regarding your case is within the determination of a judge, jury or arbitrator, you can never be certain about the outcome.  However, you can take steps to increase your chances of success.  The Plaintiff must identify its claims and also assess whether they will be able to carry their burden of proof which in most civil cases is by a preponderance of the evidence.  If the Defendant you must assess all of your procedural and substantive defenses and what evidence you have to prove your defenses.   It is imperative that you sit down with your attorney to identify your strategy for success.

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  In no other profession is the expression an ounce of prevention more true than when consulting an attorney.  Many lawsuits stem from parties failing to confirm their agreement in writing, and then having differing views of their obligations as the business relationship progresses.  The result is unnecessary expense in the form of each side hiring a lawyer to review their situation either informally or through a formal lawsuit.  Take some time to confirm  your agreement in writing.  It will save you countless hours and expense.

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   One of the most important aspects of succeeding in business is to address legal matters as they arise.  This applies to both the transactional side of the law concerning contracts and entity formation as well as to the litigation side regarding disputes.  In a society where it is very easy to incur substantial legal expenses, minimizing the risks of litigation by drafting a forward looking agreement is essential.  It is also imperative to have access to attorneys who know how to utilize all the litigation tools to achieve your objectives in an efficient manner.

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