The Importance of Strategy in Civil Litigation

In the field of civil litigation, parties deal with issues related to the formation and dissolution of companies. Contract disputes, employment litigation, and covenants not to compete are among some of the other cases filed. But did you know that with the right strategy, it may be possible to avoid going to court? That said, it is not always in your best interest to avoid filing a case.

For example, among business partners and professionals who used to be associated with your company, it may be more advantageous to negotiate a settlement over disputed matters. Doing so saves money and prevents potentially lengthy litigation. Case in point is the recent Wall Street Journal report detailing the PricewaterhouseCoopers LLP settlement. We recommend settlements when the courtroom win of your case would only yield marginal benefits to your business.

Sometimes, however, the best strategy is an aggressive show of the willingness to litigate. Doing so may be advantageous when dealing with a breach of contract or a failure to adhere to a covenant not to compete. Pursuing these cases aggressively frequently results in one of three distinct outcomes.

  1. The other party backs down. When you prepare for litigation, it quickly becomes apparent that the party at fault has little hope of winning. This may result in favorable concessions for your business.
  2. The case warns off others. Vendors or former employees who may be thinking of not honoring their agreed upon obligations may think twice before proceeding when seeing your willingness to go to court. This understanding benefits your company by avoiding future disputes in the first place.
  3. Publicity heightens interest in your enterprise. Zealous business litigation can be a strategy that gets your business publicity. In many cases, this publicity has the potential to increase sales.

Contact us today to learn more about the options open to you when considering civil litigation.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.