Patience is a virtue!

In modern litigation and in many professions - timing is paramount.

I always remember the advice I received as a young insurance broker when I was waiting for an important deal. I was managing the timing, and I needed the deal early. The underwriter was polite enough to tell me, if you want an answer now, I will give it to you now and its no. But if you wait until next week, I will properly consider it.

The lesson or maybe just the words hit Home for me, if you’re not patient enough to wait or wait for the right time the answer will be ‘no’. It’s no now!

In litigation timing is key to success too, because in litigation like many other professions we are dealing with people, people are invariably uncertain and can be affected by other events and so what might be rejected today becomes opportune tomorrow.

A deal today they may reject and tomorrow that will take comes down to knowing the other party. Maybe we need to press a point then make an offer. Wait for mediation or an expert report, then we strike. Not yet.

Maybe we just need to understand what the other party wants or needs. Fancy that, knowing the needs of the other party’s much as your own are key.

Patience is also critical as a client - to wait, to till the time is right and ripe.

It is hard being the client and I have been there in a previous life as a GC waiting on transactions with external lawyers, but we must trust our advisers, after all, the law can be easy or even hard sometimes, but any competent lawyer can figure it out in most circumstances.

The true craft of being a great lawyer, negotiator and litigator is being able to read the situation. Read the room.

For clients losing control can be hard, but one of the biggest weaknesses I see in litigation is inexperience, or rule book following on timing decisions or letting a client take total control.

Maybe it is a client who dictates their own strategy, but it can also be the opposite too. A lawyer not letting their client into the picture.

On that note, let me invite the junior lawyers in on a secret - The client often knows the other party in ways you don’t. Maybe not if it is an insurer but say a shareholder breakup, building case, the parties often have had dealings they know each other. That doesn’t mean their emotions should dictate decisions.

BUT make sure your process incorporates your client in the strategy. Just that small involvement will not only empower them, but it may just blend the knowledge of the lawyer and client to set the right strategy for the case and the other party and get the timing just right!

This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Tagged as:

• litigation