Jottings By An Employer's Lawyer

Wednesday, December 12, 2007

Sound Advice on Handling Lawsuits

Although not directly related to labor and employment law, the thoughts of Stewart Weltman in a column in's In House Counsel forum, Think Like a Plaintiffs Attorney to Lower Litigation Costs, are spot on.

Almost every point he makes is one I have come to understand over 30 plus years of handling employment law suits of various sizes, from small to big.

You really should read the article to get his take on things but here's the big picture:

  • Prepare every case as if it was going to trial, that's the most certain way to get it settled favorably;
  • Don't waste your time (and money) fighting over little things; and more things than you think are little things;
  • Don't get involved in discovery disputes, but bend over backwards to provide all documents that are within the discovery requests of the other party;
  • Use fewer, but more experienced lawyers; make sure that your trial lawyer knows the facts of the case well;
  • The earlier you settle a weak case the better;
  • Keep your "story" simple, and know what it is early on

Although he doesn't say it quite this way, have trial lawyers on your side, not "litigators."


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