Litigation is sometimes forced upon corporations; other times corporations have a choice whether to litigate or not. In either case, a pre-litigation assessment of your case can often save you time and money, while increasing the likelihood of a favorable outcome. If your case is strong, getting the jump on your opponent can set the stage for an early disposition motion. If the case has weaknesses, recognizing them allows you to address them proactively before your opponent makes them the centerpiece of its case. In either case, the party that first masters all the key facts often controls the case. And in every instance, analyzing a legal dispute as a business decision will allow you to make two crucial decisions before you start to incur legal expense:

 

(1) Does the risk/reward ratio make this litigation an investment worth pursuing, and

 

(2) If a decision is made to litigate, how should the case be staffed to ensure an optimal result without incurring unnecessary legal expense.

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