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Three Musts for Your Litigation Defense Professional

Litigation defense refers to an area of law in which a legal dispute may escalate or already has escalated to the level of a lawsuit or other legal action. 

If you are involved in such a scenario, it’s important to consider hiring a legal professional at this point, if you have not done so already. An attorney will focus on protecting, defending and fighting for your rights all in an effort to achieve a positive outcome, whether that be through a pre-trial settlement, litigation in the courtroom or other means, such as using various methods of alternative dispute resolution.

No matter what approach a seasoned litigation defense attorney eventually takes, it pays to remember that litigation can be an area of law that requires deep knowledge and proficiency in the relevant areas of law on the part of the legal professional. Issues and proceedings can become complex, and clients need steady guidance based on the law and all of its available remedies.  

When evaluating potential attorneys for your litigation defense, be sure to ask them about their training and approach around these three key areas:

1. Case Review

Every case is different, and a cookie-cutter approach serves no one, least of all a client seeking sound legal advice and a fair outcome. The right attorney will take the time and put in the attention to thoroughly review all aspects of the case, its related claims, evidence, arguments and specifics. 

Attorneys experienced in litigation defense can skillfully and professionally evaluate the strengths and weaknesses of your case. They should be able to give you an honest and comprehensive idea of what to expect so that you can make informed decisions at every step of the way. 

From start to resolution, a good litigation defense attorney will treat your case as the pressing and important matter that it is, and this starts with a solid and comprehensive review of your case.

2. Negotiation

While litigation can be combative or confrontational, in the vast majority of cases, the goal will be to achieve a positive outcome with minimal (or no) contentiousness. In fact, many cases can be and are resolved before they even make it to the courtroom. 

A fair settlement can be the best way out of the litigation cycle for all parties.  No matter what your case is about, you will want to make sure that the legal professional you hire has skills in and respect for negotiation.

3 .Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR), sometimes also referred to as external dispute resolution, refers to legally sound methods of approaching your case that can be utilized in place of litigation. 

Such alternatives include processes such as mediation or arbitration. These are ways of settling legal disputes outside of the courtroom and usually include a neutral third-party such as a mediator or arbitrator. 

In terms of approaching your case and ultimately resolving it, ADR can be less time-consuming, less expensive and/or less formal—all reasons why parties may be more apt to go this route if and when it is a possibility. A good litigation defense attorney can guide you through these kinds of choices and let you know which they believe might be smart roads to pursue in your particular case.