I develop every case as if it is going to trial. By doing so, I create efficiencies in all aspects of the case and increase settlement value. In contrast, law firms often expand pre-trial casework (discovery, letter-writing campaigns, motions, etc.) without considering whether the casework is necessary for trial. This “war of attrition” litigation strategy substantially increases litigation costs. I do the opposite. I streamline pre-trial litigation by focusing only on what I need to win at trial. When trial preparation requires adding staff to bring a case to scale, I use a diverse group of seasoned contract attorneys – former associates or partners at elite law firms – who have experience in the lawsuit’s subject matter. Instead of a case expanding to fit the law firm’s needs, I expand the team to fit the case’s needs.
Lawyers spend a great deal of their time shoveling smoke.
- Supreme Court Justice Oliver Wendell Holmes
Performance Driven Fees
Many lawyers spend time shoveling smoke because they are paid by the hour. Lawyers should be paid based on performance, not hours billed. For this reason, I welcome taking cases on alternate fee structures, including contingency, reverse contingency (for business litigation defense), holdbacks, hybrid, fixed, hard cap, and success.
Referrals and Joint Representation
Many of my cases are generated by attorney referrals. I pay referral fees in line with ethical standards. I also join lawyers in bringing their cases to trial.