Why Litigation Is Absolutely nothing Much more Than A Company Device – 26 Unbreakable Rules of Litigation!

From Monthly bill Gates at the close of the past century to John D. Rockefeller at the finish of the former century from Rick Scott, founder of Columbia Health and fitness Care, to AT&T: from Richard Branson and British Airways to Dan Peña and The Fiscal Times from govt, banking, insurance coverage and each and every other facet of globe commerce – to grow geometrically and continue to be about, litigation will have to be (prudently) utilized and mastered.

I will, as briefly as I can, memorialize the salient details of making use of litigation as a business enterprise instrument.

Now before I commence, I want it on the document, some 50% of my 30-year monitor history of litigation has had very little to do with winning revenue, i.e., many lawsuits have been above theory, some ended up to correct a heinous completely wrong these types of as slanderous remarks made about me and some have been since an entity just desired a superior comeuppance and nobody else would have the flag into struggle.

I, like Don Quixote, have fought a lot of a windmill.

As you’ve got read me converse and produce about, when creating your ‘Dream Group,’ you want Major 5 accountants and a massive countrywide or international company of attorneys – the ideal representation you can not afford to pay for!

Not like the achievement-oriented fees I coach you to use when facilitating transactions, no regulation company will litigate originally on this foundation.

Maybe if your scenario is in particular powerful, they will do it on a contingency foundation. Regretably, you will be utilizing, from time-to-time, litigation as a positioning device and your situation may well not be some thing you can significantly leverage.

A year or two ago, being left with a pig-in-a-poke, I experienced to litigate a circumstance obtaining specious points at finest to assist my preferred result. The good thing is, our (my) obvious lust for litigation was more robust than their need to fight a difficult battle, so a moderately fantastic settlement was at last arrived at.

Of study course, all through this approach my excellent lawyers endorsed us, advising our case needed to be a lot stronger, and so forth. Even with excellent attorneys, it is their position to notify you the downside threats. All over again, what occurs is you are normally fearful from pursuing your case.

Fantastic legal professionals win so-so lawsuits. Terrific legal professionals can earn lawsuits in which you have small or no probability to gain.

3 of my favourite litigators about the decades are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All 3 have dug me out of some quite massive black holes.

I have dealt with them 10 and 20 years respectively. They are well worth every single penny they cost!

Our judicial system performs, but we mature up getting concerned of it. It’s way out of our consolation zone so we preclude ourselves from benefitting from it. Typically the expense associated with it retains us from working with it.

In truth, I am at the moment embroiled in litigation where by the ancillary players to the litigation have rights which are becoming severely violated. A substantial group of people could deliver terrific strain to bear, but they’re afraid due to the fact of previous undesirable activities. They could get what they are worthy of but aren’t pursuing their finest pursuits.

There are lawyers who get on circumstances for humanitarian reasons, if the case warrants, in business as properly, i.e., major significant firms having advantage of the system simply because of their sizing by yourself.

Why do you want to initiate the lawsuit so you are the plaintiff? As the plaintiff, you pick wherever and when the lawsuit is fought and possibly in the end adjudicated.

This can be a massive benefit. And secondly, the plaintiff is allowed two closing arguments, meaning you (your lawyer) gets to handle the judge and/or jury the moment and then once more immediately after the defendants’ closing argument. This can also be quite critical.

26 Unbreakable Procedures of Litigation

#1 Pick out YOUR BATTLES

#2 Pick out THE Venue


#4 HAVE THE Most effective Representation

#5 Pay attention TO YOUR Heart

#6 Don’t Listen TO YOUR Unwell Tummy WHEN You might be OUT OF YOUR Convenience ZONE

#7 You should not Listen TO Relations, Friends, ET AL

#8 Listen TO Knowledgeable LITIGANTS – LIKE ME!

#9 Usually Talking, Never Get worried ABOUT THE Charge (THIS IS Quite Challenging!)

#10 Large LAWSUITS ARE Improved THAN Modest Kinds


#12 Preparation (YOURS) IS All the things – KNOW THE Specifics


#14 IF YOU ARE Imagining OF A Superior Technique, GET A NEW Law firm (NOT Real IN MY Scenario)

#15 In no way GIVE UP

#16 Really don’t BE INTIMIDATED BY THE System

#17 USE MOCK TRIALS (Pretend TRIALS YOU DO IN Entrance OF A Employed JURY)

#18 Costume Straightforward AND CONSERVATIVELY IN Court – NO Jewellery Except A Marriage ceremony BAND WHITE SHIRT, Basic TIE AND Dim Suit FOR Men AND THE Equal FOR Girls Shorter GROOMED HAIR FOR Guys

#19 Do not Reduce YOUR Mood IN Court docket – It’s Alright TO CRY IF It is really Serious

#20 HAVE YOUR Husband or wife IN THE Front ROW Each and every Day. Kids ALSO IF Attainable. OTHER Spouse and children Customers IN Second ROW IS Ok


#22 WHEN YOU Split FOR LUNCH OR A RECESS, Try to remember Hardly ever Talk IN General public ABOUT THE Situation – YOU Never KNOW WHO Could possibly OVERHEAR

#23 WHEN YOU Locate A Legal Workforce THAT WINS, Remain WITH THEM

#24 Usually Convey to THE Fact, NO Make any difference WHAT. THE Real truth SHALL Set YOU Free.

#25 All through VIDEOTAPED DEPOSITIONS AND IN Courtroom, Seem AT THE Digicam AND THE JURY. MAKE EYE Make contact with.

#26 WHEN TESTIFYING IN A DEPOSITION/Trial, IF YOU Really don’t KNOW THE Solution, SAY YOU Really don’t KNOW THE Solution

It can be a closed globe of leading litigators. Almost all huge law firms have fantastic to tremendous-great lawyers. All huge law corporations you should not have good litigators. You don’t often need to have a good lawyer, but someday if you improve geometrically, you will.

Like any other project management, litigation must be managed. Regretably, like speech-supplying, you grow to be a wonderful litigant by likely as a result of a understanding curve.

I never imply you have to get concerned in dropping attempts (like making undesirable speeches so immediately after some time you make great speeches) to get in a place to earn in courtroom. Massive legislation firms will allow for you to get in advance of the learning curve.

The Quantum Leap methodology talks advert nauseam about following your dreams. Lifetime devoid of desires is like a bird with a broken wing – it are not able to fly. I wrote this e-newsletter simply because in some cases you are going to need to have litigation to comply with your dream.

Go out and kick some butt, and never permit traditional wisdom continue to keep you from accomplishing your aspiration.

Conventional wisdom says Really don’t Litigate.

All substantial-effectiveness folks and the excellent corporations of the previous one hundred years did and do litigate as I publish this letter.

Do not litigate frivolously – but really don’t be worried to either.

To Your Quantum Leap,

Daniel S. Peña, Sr.