Anyone who has gone through commercial litigation doesn’t have to be told how expensive litigation can become. In fact, commercial litigation is so expensive that it can actually become a strategy in its own right. By drawing out litigation with unnecessary motions, discovery requests, depositions, briefing schedules, hearings and emergency hearings, the well financed—usually the majority interest—use the economics of litigation as an offensive tool.
What if you are on the other side and without infinite funding ability? Then hiring the right lawyer to protect and advocate your rights is paramount. Unfortunately, many people having to hire a lawyer for a commercial litigation matter end up with a lawyer who isn’t right for them. In at least one respect, hiring a lawyer is like buying a pair of shoes. You need a lawyer sized right for your situation, sized right for your pocketbook, sized right for the experience your case requires, sized right for compatibility with your work personality.
On this last point, “sized right for compatibility with your work personality” many people hiring an attorney for commercial litigation including shareholder or partner disputes make the mistake of assuming compatibility means looking for a “nice person.” No, more often than not you need a lawyer who you would never want to associate or socialize with outside of the professional environment. You want a tiger. You want an advocate. You want someone who is not afraid to shake things up.
“Sized right for the experience required” means identifying someone who is able to take your case all the way to trial. Countless times we have seen individuals or entities hire lawyers for stockholder or partner squeeze outs or general commercial litigation who do not have the ability to take those cases to trial. When that happens it affects the whole strategy. It leads clients to come to us with complaints like “it does not seem to be moving anywhere” or “it’s been going on for years and we do not see any progress” or “we ask the status and are told we have to wait for this or wait for that.” Just as important, if the other side knows you have a lawyer not capable of taking your case to trial, they will use that knowledge to your disadvantage. Having a lawyer from the beginning who is trial experienced will avoid wasted time and wasted money.
Perhaps the most important attribute of hiring the right sized lawyer is to identify an attorney sized right for your budget. There is a vast difference in lawyer pricing. If your budget is unlimited then an attorney with marble in the lobby and large modern offices occupying several floors of a modern downtown office tower may be what you are comfortable with. If your litigation budget is not infinite you will want to identify an attorney with a modest organization, modest offices and a modest staff that operates in a streamlined and efficient manner.
Horowitz Law Offices has been representing individuals and businesses for stockholder freeze outs and squeeze outs and other commercial litigation and taking cases to trial for over a decade. You are welcome to contact us at 312 787 5533 or email@example.com .