Most smart businesspersons spread out accounts payable to lessen the impact and ease the pain. As a result, large up front litigation costs can sound a lot less appealing than a few thousand a month over a longer period of time.
But litigation maintenance costs money, and I’ve found that with my business law clients, whether they’re in Seattle or Portland, front-loading a case can often save expensive legal fees over time. Time spent planning, scheduling and getting court delays in cases can really add up. Time spent re-reviewing documents that were reviewed months ago is not cheap, either. In bigger (e.g., lengthier) cases, this can add up to tens of thousands of dollars by the end of the case.
The opposite can be true if you push hard right out of the gate. While this approach is not appropriate for all business litigation or breach of contract cases, the strike quick tactic is nonetheless a very effective litigation tool in many cases.
Filing a quick complaint, requesting the other side’s documents right out of the gate, and then quickly getting depositions on the calendar can carry with it many benefits. First, it shows the other side that you’re serious. It also shows the other side just how expensive litigation will ultimately be. Thus, it can help facilitate a quick settlement in some cases.
A quick strike approach can also get your lawyer’s head deep into the case early, rather than over time. Quickly framing the case can get you out ahead of the game and can get you an early lead in a case that, with smart lawyering, you might never relinquish.