303-776-9900Contracts fall apart. Partnerships go sideways. Disputes happen. And when they do, every business leader knows the next step: call legal. But here’s the real question — do you know what good litigation looks like? Is it faster? Smarter? Less costly? And why does it so often feel like the only winners are the billable hours?
One thing for certain: the best litigators offer more than a strong courtroom presence by providing their clients a combination of legal knowledge, strategy, communication, and emotional intelligence to every case.
Here’s what to look for when hiring a litigation attorney:
- Legal Knowledge and Practice Area Expertise
First and foremost, in litigation or otherwise, a good attorney must have a strong understanding of the law. Look for an attorney who has expertise or prior experience in the subject matter that you seek assistance with, or who specializes in the industry that your business operates within. An attorney with this experience will be able to assess nuances in your case and will be able to walk you through the risk profile of your case and be realistic with all of your potential outcomes.
Additionally, depending on the needs of your business, it can be beneficial to seek representation from a full-service firm. Developing a strong relationship with one firm that can collectively work on all of your business needs and work directly with litigation when necessary, can be more cost-effective than finding a new attorney for each business matter.
- Balancing Merits vs. Costs
While litigators may enjoy being in court, a good litigation attorney is always thinking about balancing the economic realities of litigation with the merits of the case. Litigation is incredibly expensive. Litigation attorneys should be direct and upfront with clients regarding what it will cost to proceed with a case, not only in the form of attorney fees and case costs, but also in the time a case will take to complete, and the emotional impact litigation may have on the client.
It is vital to have an attorney who is not only aware of the cost of litigation, but who will have open and honest conversations with their clients throughout the process, and who considers the long-term strategy of your case in light of the economic realities of litigation. This includes discussions regarding the likelihood of recovering any award a client may receive from a trial. If an opposing party is not recoverable, due to insolvency, a lack of personal assets, or otherwise, this will impact the overall strategy of your case.
- Clear Communication
Litigation is a long process. Unlike legal dramas we might see on TV, a civil case can take years to make it to trial. A good litigation attorney keeps their client informed throughout the entire legal process and clearly communicates if anything has changed in the case strategy as more information becomes available through the discovery process.
Additionally, having an attorney who is an effective communicator is highly beneficial for working with the opposing party and ultimately the judge. While there may be a perception of needing the most aggressive litigation attorney possible, the best litigators understand that having a productive working relationship with the opposing party will lead to better case outcomes for their client, while also knowing where to put their foot down if any nefarious behavior is taking place.
- Strong Negotiation Ability
Most civil cases settle before trial, which is why having an attorney who has strong negotiation skills is essential. An effective litigator knows the strengths and weaknesses of your case and therefore knows when to push hard and when to find common ground in settlement, and when pushing any further is unproductive. They understand leverage, timing, and how to negotiate in a way that aligns with your goals and can provide you with the costs and benefits of settling your case before trial.
- Professionalism and Integrity
Trust is the most important aspect of any attorney-client relationship. In litigation, clients need an attorney who is not only able to zealously advocate for their interests, but also someone who behaves ethically and honestly in all stages of litigation. The best attorneys are respectful in court, honest with clients, and understand the realities of their cases. They are not focused on “winning” at any cost, because those costs may not be in their client’s best interests.
Having a trustworthy attorney is one who is realistic, provides clients with honest risk assessments, and won’t promise impossible outcomes just to get your business, is of paramount importance.
- Courtroom Confidence
While many cases settle outside of the courtroom, if your case goes to trial, you want an attorney who is comfortable in the courtroom. A confident litigator is frequently in court, knows how to present evidence, question witnesses, and pivot on their feet when necessary. They provide their clients with ample preparation before trial, and work with the client to stay calm under pressure.
Final Thought
