“Seasoned Lawyer On Tap”
Increasingly, I am being retained by law firms to help advise them, to help their cases get over rough patches, to rescue a case spiraling downwards, or to help with an appeal. I like these consulting arrangements, and want to do more of it. I hope it may help in some small way to turn the tide.
Justice Department statistics show that, out of every 1,000 civil rights and employment discrimination cases filed, 370 are settled. Of the remaining 630 cases that are not settled, the plaintiff abandoned 128. Of the 440 cases that were not settled–and where the plaintiff kept fighting–440 were resolved before trial. This means MOTIONS TO DISMISS and SUMMARY JUDGMENT. Only 32 of those 1,000 cases made it to trial. And of those 32, the defendants won 21.3 cases (two-thirds!) and plaintiffs won only 11.7 (one-third of the cases that survived to jury trial!). And plaintiffs received monetary awards in only 9.5 cases out of every thousand!
My blog post on all the ways we can unintentionally waive winning arguments and claims explains some of the reasons for these results:
Blog Entry, Waiving Winning Arguments
Clearly, it is not easy to be a plaintiff’s lawyer. The choices we make in litigation include strategy as well as tactics. For example, there is often a decision whether to fight on the battleground presented by the client, or whether to counsel the client to do something different so that an eventual fight will be on our choice of battlegrounds, with more winnable facts. We also have to be able to adjust our tactics and strategy to respond to developments in the case.
A winning case is the result of the combination of effective strategic decisions, effective tactics to implement the strategy, and good facts. It simply does not work to have good facts without an effective strategy and tactics, or to have any kind of strategy and tactics without good facts.
In threading the needle to a good result, a consulting arrangement with a seasoned lawyer may help. See the attached file for an explanation of the possibilities and the arrangements,
Consulting Work – Why, When, What, and How
If you or someone you know is interested, please download the retainer form and contact me.
Retainer- Law Firms