All companies, no matter how big or small, will face litigation sooner or later. Most of these lawsuits are fairly standard. They tend to be related to vendor disputes or real estate. If your business is being faced with litigation, you can hire an experienced attorney to help find a resolution to these matters. Your attorney will help find the solution that provides the best outcome for all parties. But complex litigation is different.
Litigation is the process in which one party’s counsel brings a lawsuit against another party, and engages in planned actions to attempt to achieve their ideal end result. Any lawsuit might be complicated because of the legal jargon involved, but complex litigation is complexity on another level. When people refer to complex litigation, they mean a specific kind of large civil case that is often faced by different companies.
The following scenarios are considered areas of complex litigation:
Court battles in which multiple parties are spread across multiple jurisdictions
Lawsuits with large amounts of money or assets in jeopardy
Lengthy civil trials
Complicated legal issues
These kinds of lawsuits are different from your run-of-the-mill litigation. As such, they have the potential to draw scrutiny by the media. They’re also likely to cost exorbitant amounts of money in legal expenses, and they’ll soak up a company’s precious time. These losses are substantial even when you’re the eventual winner of the case.
There are a number of different types of lawsuits that fall under the complex litigation umbrella. These include contract disputes that involve subcontractors, class action lawsuits, and international arbitration. If goods were sold across state lines, and the transaction went wrong, the ensuing legal battle can spiral into a surprisingly complex interstate fiasco.
All of these lawsuits address unique issues in the legal system. Because the issues are so complex, it’s rare for corporate lawyers to face them without having previous complex litigation experience. Unless your company invests in an attorney with an encyclopedic knowledge of obscure law, your company might end up paying huge amounts of money. This is especially true considering judgments for restitution might amount to thousands of dollars, or even millions or billions of dollars.
Mitigating the Potential Effect of Complex Litigation Procedures on Your Company
When complex litigation is involved, you should make sure you have expert representation. Without experts, a litigation case might last for months or years, draining your company’s time and resources all the while. Run-of-the-mill corporate lawyers aren’t prepared to handle the complexity and due diligence required of these cases, and they also won’t have the ability to sift through data quickly enough to determine key issues.
An ideal lawyer will be able to look at the big picture data, identify the important key points, and decide how best to address them. Rather than getting lost in the details, they’ll use those details to strengthen their case. They should be able to build a structure for your company’s defense and negotiations, based on your company’s data along with the information provided by the other party.
You’ll want to invest in a lawyer who has years of experience with both basic and complex litigation. They should understand the ins and outs of building a case. You should also make sure that their past negotiations have been largely successful. Another key aspect is that they have the ability to negotiate quickly, and when possible, to reach a resolution rather than going to court.
Your litigation lawyer will complete the following steps regarding the case:
They’ll have an initial consultation in which they review the basic facts of the case and explain your options going forward
They’ll do a more in-depth reading of the key facts and evidence presented for both sides, and from there zero in on the important elements for building a case
They’ll create more comprehensive plans for each of your potential options and ask for your input regarding the litigation; generally, there will be a variety of lengths and times and potential results, and you pick the one that adheres most closely to your ideal outcome
They’ll spend time doing in-depth research on the opponent’s case and potential weaknesses, as well as cultivating a strong core to your own case
They’ll open negotiations with the other involved parties if desired, and try to reach a solution that benefits the company while also saving time and energy
If necessary, they’ll give you ideas for public relations steps to take to reform the media narrative about the litigation
The attorney you choose must be prepared to manipulate all aspects of a case. They should be so experienced with basic litigation that they could resolve a run-of-the-mill lawsuit in a half hour. They should know how to scan contracts and complaints and pick out the logical fallacies or weak points.
No company should face any kind of litigation without legal representation. Your job as the company is to provide your goods or services, not to understand the way the legal world operates. Your lawyer will be your guide through the court systems. This is doubly important where complex litigation is concerned, as there are multiple parties and complicated terms that need to be resolved. Since there isn’t a clear-cut answer, your lawyer should be ready to solve puzzles.
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