Far too often, litigation is conducted as if on autopilot: complaint, to motions to dismiss or demurrer, to discovery, to motion for summary judgment, to settlement or trial, to appeal. This flow from case inception to resolution results from a knee-jerk entrenched litigation "strategy" and a misalignment of incentives between lawyer and client. For example, under an hourly fee business model, attorneys are incentivized to take more time and draw out litigation, without any enticement for prompt, cost-effective results. In addition, at the inception of a case, attorneys vying to be chosen to represent the client are incentivized to budget and operate as if the case will be handled under traditional litigation parameters, e.g., motion practice in lieu of early settlement discussions.
The traditional mode of dispute resolution is expensive, time-consuming, stressful, and public. This phenomenon is exacerbated given the current court funding crisis. Cases that previously could be litigated in one to two years are now taking three to five years to get to trial, let alone to resolve appeals and collection.
At the inception of any dispute, it is critical that the decisionmakers define goals around issues such as results, finances, public relations, time-value, and anxiety. Smart litigants know it is at the beginning, not the middle or the end, of the dispute where both the client and the attorney must strategize for likely potential case outcomes and the cost and time to get there.
To that end, the Artiga-Purcell Law Office provides thorough, effective early case valuation services so that clients can make reasoned dispute resolution decisions. Using menu pricing, our Firm examines cases to determine (a) likelihood of success, (b) cost, and (c) time to judgment. Based on the resulting A-P VALUATION REPORT™, clients can exercise their business acumen and craft a reasoned, results driven strategy.
Sometimes, full-blown litigation is necessary, but often, early settlement discussions or creative business solutions make more sense. Through the A-P VALUATION REPORT™, the Artiga-Purcell Law Office will assist you in projecting both the risks and the rewards before you incur thousands of dollars in attorneys' fees and costs, and the attendant stress common to litigation.
For a confidential consultation, please contact Camilo Artiga-Purcell.