Strategy
Pick Your Battles
If you're on the verge of litigation, you may think you want an "aggressive" lawyer, who will bully your opponent into submission by being "tough." Many lawyers encourage this misconception, and try to convince you, through chest-thumping, that they are more "aggressive" than anyone else.

Obviously, you want a lawyer who is willing to fight, and fight hard, to protect your rights. You need a warrior, not a wimp.

"Aggressive," however, usually just means "obnoxious," and it is not in your best interest to hire an obnoxious lawyer. You can wind up wasting a fortune paying for unnecessary and unproductive "pissing contests" — pardon my French — merely because your lawyer has a personality disorder and/or wants to make the litigation as expensive as possible.

When a lawyer talks about how "aggressive" he is, remember that the way he plans to generate "heat" on your opponent is by burning up piles of
your money. How much of your cash will he have to burn just to raise the other guy's temperature by one degree? When both sides in a dispute hire self-proclaimed "aggressive" attorneys, those attorneys are often the only ones who benefit financially from the exercise.
Any litigation attorney can fight aggressively. What you really want is a lawyer who fights strategically. You want a lawyer who wins your case as efficiently as possible by choosing his battles.

You want a lawyer who, rather than mindlessly asserting every claim or defense that comes to mind, actually thinks about the costs and benefits of each one before deciding whether to use it. How much will it cost to prove this particular defense? Will it subject you to invasive discovery that can otherwise be avoided? Will asserting this claim enable you to get any additional damages? Will it affect your ability to get a trial by jury?

Some lawyers never even consider these factors, and instead merely assert every legal theory that could even theoretically apply to a case, regardless of whether it helps or hurts you.

My goal, in every lawsuit or arbitration, whether my client is the plaintiff or the defendant, is not just to win, but to win cost-efficiently. I look for an Achilles' heel, a design defect in the Death Star, a fatal flaw in my adversary's case that will enable me to win at the lowest possible cost to my client.

Some lawyers fail to grasp that victory must be measured from the client's perspective, not the lawyer's perspective. You don't want to spend $500,000 to obtain a judgment for $250,000. Pyrrhic victories aren't victories at all.

When you hire me to represent you in a dispute, we will discuss the costs and benefits of pursuing various alternative strategies, and develop a "battle plan" to try to achieve the best outcome for you, based on your objectives. Rather than just fighting aggressively for you, I will strive to fight strategically, and focus on winning your case as efficiently as possible.
Call me today. Let's talk about your case.

Call me at 213.290.1709 or click here to send me email.