This afternoon‚ in the second day of trial of a partnetship and shareholder dispute‚ the case settled. The terms of settlement were actually much more favorable than my client wanted and‚ amazingly‚ did not require much negotiation. So‚ what happened?‚ what changed?
ANSWER: Preparation. When parties get to the trial stage there is no more room for posturing or relying on questionable facts. Time and again‚ case and trial preparation will be as important to the outcome of your case as the actual facts. Consider that this preparation is a process that must offur throughout your lawsuit and while the majority of cases settle‚ if your case does not settle‚ both you and your shareholder attorney better be prepared to proceed with a succient and effective trial preparation.
Because if the first time you learn about these missteps is at the time of your trial‚ then‚ I would‚ assume you will have learned the hard way and at great expense. If you are faced with a partnership and shareholder dispute and have not yet started a lawsuit or‚ your lawsuit is at the inception stage then consider and understand that the discovery process is critical and not "just some legal steps" to be followed until someone settles or you go to trial. Always engage in a cost-benefit analysis and consider that if you are not serious about your lawsuit and if your lawyer is not absolutely persistent in building your case‚ then in the end‚ your losses or limited recovery may far outweigh the money you may or may not have saved in cutting corners during the litigation process.
I am an advid proponent of settling cases. But to effectively obtain a settlement that will benefit you‚ you must be persistent and actively engage in the discovery process. In the case that we settled today‚ certain steps (third-party depositions‚ filing of pre-trial motions and a detailed document review process) turned up evidence that our clients never imagined existed. Its amazing the things you find why you actively search.
Date: 12/12/2012 | Category: Partnership Disputes
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