Litigation services involve a number of skills; they include intellect, diligence, aggressive pursuit of client objectives, and understanding of the art of persuasion before different forums. When the litigation involved is “complex,” all of these skills remain important, but also require very strong organizational skills and additional skills and experience that many highly competent commercial litigators do not possess.
Litigation can be characterized as complex when it incorporates one or more of the following features:
- Massive document populations to be produced by or to the firm’s client, and mastered as plaintiff or defendant
- Very large numbers of potential deponents and witnesses
- Issues involving complex calculations and large quantities of data
- Complexity and interrelationship of multiple issues
- Extreme time pressures imposed by judges, opponents, or client imperatives
- Class action claims
- The need to present and defend, or cross-examine, expert witnesses in arcane and highly technical or otherwise complex subjects
- The need to persuade through the use of sophisticated graphics and technology and sophisticated courtroom persuasion techniques
- Multiple parties.
Together, our attorneys offer many decades of litigation experience in complex litigation in federal and state courts, and in administrative trial-type adjudicative proceedings. Because our lawyers are experienced in complex litigation, they are able to assemble teams tailored to the particular elements of complexity, to utilize the skills of these lawyers in conjunction with the latest technology to achieve efficiency, and–ultimately the most important factor–to deliver results in the courtroom.
These talents are combined with understanding the need for cost-consciousness and efficiency. Complex litigation is expensive, but the costs can be controlled through litigation management skills, use of risk-assessment techniques, and selective use of alternative dispute resolution techniques suitable to the particular situation. Some situations are appropriately characterized as “millions for defense, not one cent for tribute,” while in others the sense of “when to hold and when to fold” is of preeminent importance.