A key part of our practice is counseling clients about litigation risks before a lawsuit is filed. For example, we have conducted risk assessments for companies who are parties to major contracts and believe that they may be forced to breach the contract (for business reasons) or anticipate that the other party may breach the contract.
In this role, we will advise you about the litigation risks of your business and financial decisions and explore any potential counterclaims you may have if you are sued. This type of risk assessment and counseling can help you avoid expensive litigation. It also permits you to run your business while fully understanding how your decisions will increase or decrease the likelihood of a lawsuit being filed against you.
A significant part of this counseling involves explaining the costs--both in money and time--of engaging in litigation. We have found that clients often underestimate not only the cost in dollars and cents of litigation but also the stress of it. Plus, if you run your business, then litigation means time away from your customers and employees.