TEAM BUILDING APPROACHES AND DESIGN TO COST FOR LEGAL PROJECTS AND LITIGATION
As we have stated many times on this website, legal and litigation costs have gotten out of control. There are business-like solutions to that problem which include the following:
Team Building
We have found that it is often possible to do significant size projects and litigation by using thoughtful team building approaches-say one lawyer as a lead and one litigation paralegal, supplemented by several knowledgeable company people. Indeed, we prefer an integrated team approach to doing all legal work. We believe it produces a better result because people work at what they know best – the lawyer, their part of the project; the company people, their detailed knowledge of the facts; the business, what actually happened.
We regularly use a nationally recognized team building consultant, Deb Spicer, and her book is Power Teams: The New SQUARE ROOT MODEL That Changes Everything!
Design of Project and Litigation to Cost
We have worked on projects in which the client has said "you have an unlimited budget--do whatever is necessary to take care of this project." And then, at some point we often hear – "you have exceeded the unlimited budget." While this appears to be a humorous situation, it is not. Companies do not understand what projects and litigation cost if it is done on a "scorched earth" basis. As with all work, practicality must prevail. When someone repairs a large piece of machinery that is broken, they make decisions as to how much they can afford to spend based upon the price of the machinery originally, the repair cost, etc. Litigation and legal projects are exactly the same – repair work must be designed to the cost that is practical and available for the particular work to be done. There are no unlimited budgets in most situations.
The Exception to the Rule – Reputation Attack
We do handle cases in which the litigation cost to be incurred appears to have no relationship to the amount of money at stake. We had a case in which a prominent person had been accused of improperly expending corporate funds – the amount at issue was less than $5,000. Nonetheless, we undertook a full scale litigation program to crush that attack on the person's reputation. Far more than $5,000 was expended, and it was fully justified because of the potential damage to this person's reputation and his long-term career was at stake.
Rapid Reaction Approach
There are many corporate and military situations in which the most rapid reaction to a problem often prevails or obtains a leg up on the resolution to a situation. We have frequently participated in rapid reaction situations and/or teams. It is not uncommon to receive a call over the weekend about a particularly pressing legal issue which must be resolved quickly, or else disastrous consequences can result. We can put together a team of people and have them on-site to start working a solution to the problem, often on Monday morning. Rapid reaction to legal problems is often very important, and we understand how to deal with it.
Different Jurisdictions
Members of our firm are admitted to the Bar in four different jurisdictions. We have working relationships with local counsel in ten other jurisdictions. If we have a case that needs attention in a jurisdiction where we are not admitted or do not have an affiliation, we can put that local counsel in place quickly and at low cost. We believe it is possible to have a national practice of law from the Washington, DC area.