New York, NY commercial litigation attorney Philip J. Kessler shares his advice for clients facing litigation. The first point for clients to understand is that litigation can be extremely stressful. They may find themselves in uncomfortable situations, discussing sensitive topics with opposing counsel and potentially even in a courtroom if the case does not settle. It is crucial for clients to be prepared to face this discomfort.

Litigation is also notoriously inefficient, whether in state or federal court. Delays are common, and clients should anticipate significant frustration as litigation and delays often go hand in hand.

Moreover, litigation is expensive in two primary ways: legal fees and associated costs, such as hiring expert witnesses, who can sometimes be even more costly than the attorneys. Beyond financial expenses, there is also a considerable time investment required from the client and their team, particularly in business contexts. Clients must allocate significant time to provide all relevant information, including documents, records, and emails. This process can be very time-consuming and often must be completed under tight deadlines.

For plaintiffs considering litigation, it is essential to understand the level of commitment required. Without a full willingness to engage thoroughly and see the case through, pursuing litigation could be a waste of time and money. It may be better to avoid litigation altogether unless the client can fully commit. Conversely, defendants, who do not have the choice of whether to engage in litigation, may need to focus on exploring settlement options if they are unable to meet the demands of the process.

Effective collaboration is essential. Clients and their representatives must work closely with their lawyers, as trust is crucial, particularly when clients do not fully understand or agree with certain aspects of the case. Open and honest communication can help address concerns and ensure a unified approach.

Setting realistic goals is another key aspect. Clients should work with their lawyers to establish achievable targets, recognizing that their personal sense of fairness may not align with legal realities. Lawyers can assist in identifying what is feasible and what is not, guiding clients to focus on practical, rather than emotional, outcomes.

Clients should also remain open to settlement. Settling a case is not an admission of defeat but a strategic decision to avoid the uncertainty and ongoing expenses of litigation. A responsible settlement involves making concessions based on a rational assessment of the costs and risks of continuing litigation compared to the certainty that a settlement can offer. If, after careful evaluation, a settlement does not seem appropriate, clients should feel empowered to proceed with the litigation without feeling pressured to settle.

Lastly, clients must be prepared for the unpleasant nature of the litigation process. Many aspects of litigation are inherently stressful and designed to be challenging. It is important for clients to anticipate and brace for these difficulties, as nearly everyone who has experienced litigation can attest to its discomfort at times.