From Bill Gates on the finish of the final century to John D. Rockefeller on the finish of the earlier century; from Rick Scott, origination father of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from authorities, banking, coverage and each different side of world commerce - to develop geometrically and keep round, judicial legal proceeding should be (prudently) used and mastered.
I'll, as briefly as I can, memorialize the salient factors of utilizing judicial legal proceeding as a enterprise instrument.
Now earlier than I begin, I need it on the file, some 50% of my 30-year observe file of judicial legal proceeding has had nomatter to do with profitable cash, i.e., many causes have been over precept, some have been to proper a atrocious fallacious akin to libelous remarks made about me; and few have been as a result of an entity simply wanted a very good comeupance and no one else would carry the flag into battle.
I, like Don Quixote, have fought many an windmill.
As you have detected me converse and write about, when constructing your 'Dream Team,' you need Big Five accountants and a big nationwide or worldwide agency of legal professionals - the very best illustration you may't afford!
Unlike the success-oriented charges I coach you to make use of when facilitating transactions, no regulation agency will process at first on this foundation.
Perhaps in case your case is very sturdy, they'll bonk on a contingency foundation. Unfortunately, you may be utilizing, from time-to-time, judicial legal proceeding as a positioning instrument and your case is probably not one matter you may critically leverage.
A yr or two in the past, being left with a pig-in-a-poke, I necessary to process a case having specious details at greatest to assist my desired consequence. Fortunately, our (my) evident lust for judicial legal proceeding was stronger than their need to combat a tough combat, so a fairly good settlement was last arrived at.
Of course, throughout this course of my good legal professionals advisable us, advising our case wanted to be a whole sle stronger, so on. Even with nice legal professionals, it's their job to let you know the draw back dangers. Again, what occurs is you're commonly frightened from following your case.
Good legal professionals win so-so causes. Great legal professionals can win causes through which you've little or no likelihood to win.
Three of my favourite litigants over time are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have dug me out of some fairly huge black holes.
I've handled them 10 and 20 years respectively. They are price each centime they cost!
Our judicator works, notwithstandin we develop up being afraid of it. It's means out of our consolation zone so we preclude ourselves from benefitting from it. Normally the price correlate it retains us from utilizing it.
In truth, I'm presently involved in judicial legal proceeding the place the ancillary gamers to the judicial legal proceeding have rights that are being severely violated. A big group of individuals power convey nice strain to bear, notwithstandin they're afraid ascribable earlier dangerous experiences. They power get what they merit notwithstandin aren't following their greatest pursuits.
There are legal professionals who tackle circumstances for humanitarian causes, if the case warrants, in enterprise as properly, i.e., huge main firms making the most of the system ascribable their dimension alone.
Why do you wish to provoke the cause so you're the complainant? As the complainant, you choose the place and when the cause is fought and possibly in the end adjudicated.
This could be a big benefit. And secondly, the complainant is allowed two closing arguments, which means you (your lawyer) will get to deal with the decide and/or jury as soon as after which once again after the defendants' closing argument. This will also be crucial.
26 Unbreakable Rules of Litigation
#1 CHOOSE YOUR BATTLES
#2 CHOOSE THE VENUE
#three BE THE PLAINTIFF
#four HAVE THE BEST REPRESENTATION
#5 LISTEN TO YOUR HEART
#6 DON'T LISTEN TO YOUR SICK STOMACH WHEN YOU'RE OUT OF YOUR COMFORT ZONE
#7 DON'T LISTEN TO RELATIVES, FRIENDS, ET AL
#eight LISTEN TO EXPERIENCED LITIGANTS - LIKE ME!
#9 GENERALLY SPEAKING, DON'T WORRY ABOUT THE COST (THIS IS VERY HARD!)
#10 BIG LAWSUITS ARE BETTER THAN SMALL ONES
#11 ELECT JURY TRIALS, AS OPPOSED TO A JUDGE ONLY
#12 PREPARATION (YOURS) IS EVERYTHING - KNOW THE FACTS
#13 PRACTICE DEPOSITIONS AND TRIALS
#14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)
#15 NEVER GIVE UP
#16 DON'T BE INTIMIDATED BY THE PROCESS
#17 USE MOCK TRIALS (PRETEND TRIALS YOU DO IN FRONT OF A HIRED JURY)
#18 DRESS SIMPLE AND CONSERVATIVELY IN COURT - NO JEWELRY EXCEPT A WEDDING BAND; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND THE EQUIVALENT FOR WOMEN; SHORT GROOMED HAIR FOR MEN
#19 DON'T LOSE YOUR TEMPER IN COURT - IT'S OKAY TO CRY IF IT'S REAL
#20 HAVE YOUR SPOUSE IN THE FRONT ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OKAY
#21 NO QUOTES TO THE PRESS OTHER THAN 'WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT'. YOUR WORDS CAN EASILY BE TURNED AROUND.
#22 WHEN YOU BREAK FOR LUNCH OR A RECESS, REMEMBER NEVER TALK IN PUBLIC ABOUT THE CASE - YOU NEVER KNOW WHO MIGHT OVERHEAR
#23 WHEN YOU FIND A LEGAL TEAM THAT WINS, STAY WITH THEM
#24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH SHALL SET YOU FREE.
#25 DURING VIDEOTAPED DEPOSITIONS AND IN COURT, LOOK AT THE CAMERA AND THE JURY. MAKE EYE CONTACT.
#26 WHEN TESTIFYING IN A DEPOSITION/TRIAL, IF YOU DON'T KNOW THE ANSWER, SAY YOU DON'T KNOW THE ANSWER
It's a closed world of prime litigants. Virtually all huge regulation corporations have good to super-good legal professionals. All huge regulation corporations do not have nice litigants. You do not all the time want an superior lawyer, notwithstandin someday in the event you develop geometrically, you'll.
Like another mission administration, judicial legal proceeding should be managed. Unfortunately, like speech-giving, you turn into an superior litigant by going by way of a perusal curve.
I do not imply you must become involved in shedding efforts (like making dangerous speeches so after a piece you make good speeches) to get ready to win in court docket. Large regulation corporations will let you get forward of the educational curve.
The Quantum Leap methodological analysis dialogue advert nauseam about following your goals. Life with out goals is rather a fowl with a damaged wing - it power probably't fly. I wrote this clause as a result of typically you will want judicial legal proceeding to follow with your dream.
Go out and kick some butt, and do not let standard cognition preserve you from attaining your dream.
Conventional cognition says Don't Litigate.
All high-performance folk and the nice organizations of the final 100 years did and do process as I write this letter.
Don't process frivolously - notwithstandin do not be afraid to both.
To Your Quantum Leap,
Daniel S. Peña, Sr.
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