Strategy for litigators without unlimited resources – you can still be successful!

Date: February 2023

As I continue to learn during these early years of my practice, one of the unfortunate realities I have discovered is that the “pursuit of justice” (and I understand that is subjective) via litigation tends to favor the party with superior financial backing.

With that said (and while I like the unique challenges that come with complex litigation) one of my favorite parts of being a litigator is coming up with strategies to “level the playing field” against a party possessing superior financial backing. This can take many forms and can definitely be a post on its own.

In any event, every effective strategy in these scenarios usually involves work on the part of the client. A few critical pieces of advice I provide any client that is relatively more cost-sensitive than the opposing party are the following:

  • Be proactive with record keeping, especially in construction. With the right documentation, it is much easier to move a matter forward.
  • Ensure the documentation is organized in order to avoid the costs of having your lawyer organize the documents into a cohesive set of evidence that can be used to prove your cause of action.
  • Have patience and stay the course. Aggressive litigation can be substantially more expensive.

There are obviously tons of other factors to consider, but following these simple tips might just help tip the scale, even just a little bit, in favor of the underdog.

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