Keys to Litigation
Litigation is tricky business but an essential skill to have if you plan on running a successful litigation practice. Regardless of your experience in litigation or your experience as an attorney in general, litigation is difficult. Lots of times the most difficult part of litigating is dealing with the opposing counsel. Here are some tips for handling litigation and dealing with opposing counsel.
- Prepare yourself by knowing the facts of the case inside and out and understanding the legal principles that dictate your case. Always review documents beforehand, this will help you prepare for witness testimony as well. This is sounds like obvious advice but its incredibly important and you can’t prepare enough.
- During litigation, remain calm and focused. There will be many distractions in court and things going on that are not important to the case. By staying focused you can deal with the important issues at home and stay on topic.
- If the opposing counsel is using aggressive tactics, lying, twisting the truth, or doing things to throw you off track and stay off topic, ignore the. Avoid these tactics yourself a do not respond in a similar manner.
- Pick your battles; you can’t win on every single issue so focus on the ones that are most important to you. Conceding smaller battles isn’t poor litigation and it might put you in a position to win the ones that you really need to.
- Research and understand the rules of the court and the judge before litigation. This will prepare you mentally how proceedings will proceed in court and how the judge may respond to certain situations. This will put you in a good position to deal with unexpected issues.
Daniel Chammas is an experienced litigator in his native Los Angeles area. He specializes in labor and employment issues such as sexual harassment, unpaid wages, wrongful termination, union grievances, and racial discrimination. His clients consist of Fortune 500 companies and premier providers of products and services. He received his Bachelor of Arts from UCLA after which he attended Stanford. In 1999 he graduated from Stanford’s Law School and received his JD. He is a partner with Venable, LLP and a member of Venable’s Labor and Employment Practice Group.