The most common complaint clients have about the legal process is that the attorneys fail to communicate. The attorneys don’t return phone calls, ignore emails, etc. Why? It’s because if you throw enough spaghetti against the wall, some of it will stick. In other words, many plaintiff's firms operate on a high-volume, quantity-over-quality basis, which means the attorneys often have such an overwhelming caseload that they simply cannot get back to clients in a timely manner, or at all. Everything is handled on a triage basis, which drags out the process of resolving your case.
I don’t work that way. I don’t try to balance hundreds of cases at once. Instead, I am very particular about the cases I take, and focus on quality over quantity. This approach allows me to give each case the attention and diligence it deserves and provide a level of service and responsiveness to my clients that “churn and burn” law firms often don’t.
The second most common complaint clients have about the legal process is that it takes too long. There are many factors involved in this calculation that are beyond an attorney’s control, especially since the court delays due to COVID-19. However, it is often the situation that the attorneys simply don’t pick up your case and run with it, but rather just nudge it along with the tip of their finger, often because they’re juggling too many cases.
Again, I don’t work that way. I’ve been involved in hundreds of lawsuits, both in civil practice and as a former criminal prosecutor. Litigation places a heavy emotional burden on clients and their families. Powerful corporations and insurance companies know this, and they have almost limitless funds to fight you. So, if you don’t start from a position of strength and adequate preparation, they will gladly add insult to your injury by delaying the process and wearing you down. My strategy, therefore, is to front-load our efforts and have a solid, well-prepared battle plan before even filing a lawsuit. As Sun Tzu wrote in The Art of War, “Every battle is won or lost before it is ever fought.” It is crucial, therefore, to always play offense and to actively work your case, which tends to bring the other side to the settlement table much faster. Or, if the matter cannot be settled and a trial is necessary, we can get there sooner because the groundwork has already been laid. Of all the successful litigation techniques I have learned over the years, this is the most important.
