Litigation & Arbitration

Poll: Do you think it is essential to think about the other sides perspective (genuinely) in order to be a good attorney or is that impossible, or harmful to your client(s)’ interests?

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Essential. I spend at least as much time evaluating a case from the other side’s perspective as I do from my client’s.

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likehelpful
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Happy to. Please reach out.

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💯. Whether you're looking to make a deal or engaged in hard fought litigation, you have to understand the other side: strengths and weaknesses, needs, pressure points, and end game. It's the only way to achieve the best outcome for your client.

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You have to know what they’re going to say to a judge or arbitrator if you’re going to have a meaningful and persuasive response. Doesn’t matter if you’re plaintiff or defendant. Pleading your case also means working around theirs.

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likehelpful
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Absolutely. If you aren’t looking at both sides, you aren’t doing the best job for your client.

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Unless you think about the other side’s perspective, you cannot even start to come to a resolution to the problem. Gaming theory suggests you need to know what the other side needs, not just your own. Whether it is a transaction or a litigation, understanding that is the key to properly representing your client.

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I’ve seen clients get taken for free money because their counsel didn’t understand the other side’s flimsy argument. Rather than investigate it they just conceded issues that ultimately cost the client money.

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If you can truly empathize with your opponent to the point of understanding her objectives and goals it feels almost like you’re cheating. You’ll basically have a direct line on their entire playbook. Perspicacity is formidable trait in litigation and trials.

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