Litigation Avoidance Counselling:  In many, if not most, instances, the best litigation tactic is not to litigate.  Companies exist to do business, not to file or defend lawsuits.  Individuals exist to live their lives, not to sue or be sued.  There is little that is more inimical to doing business or living life than unnecessarily becoming embroiled in litigation.  Litigation is time-consuming, disruptive, costly, and emotionally draining, and can prolong the pain and increase the damage caused by the underlying dispute.  In some cases, litigation is the only viable option.  In many other cases, consulting with an experienced attorney before litigation arises can vastly improve the results, either by enabling the parties to avoid a dispute altogether or by bringing faster closure to a dispute once it has arisen. 

 

Litigation avoidance counselling can take different forms.  Ideally, consultation occurs before a dispute arises, in an effort to avoid it altogether.   An experienced attorney can advise on courses of action to take or avoid, or can advise a client on how to communicate directly with the other party.  Once a dispute has arisen, a letter from an attorney may be all that is needed to prevent it from maturing into a lawsuit.  In some cases, early intervention can lead the parties to try to mediate their dispute to reach a mutually-acceptable outcome.  And when litigation is unavoidable, alternative dispute resolution methods such as arbitration or mini-trials can be effective and more cost-effective than litigation.

 

Mitchell J. Matorin has counselled clients of all sizes and in a variety of industries on methods to avoid litigation or to resolve it early in the process.  By consulting with Mr. Matorin before a dispute arises or before it turns into a lawsuit, clients can achieve substantial savings, not only in financial terms but also in terms of disruption and stress.