Be Patient. Use Your Judgment

Speeding things up may be what a client wants but not necessarily what it needs.

Litigation can take a long time such that there can be a tendency to rush those few things that you can. Don’t. Take the time you need to make the best judgment call, even if that sometimes means waiting.

Every client, at every sophistication level, can be shocked (or at least disappointed) by just how long it takes to resolve a dispute. Yes, federal court is generally faster than state court (generally). And arbitration is generally faster than court (generally). But unless you’re in small claims court (file your complaint today and maybe get a hearing and judgment within 60 days), wherever the dispute proceeds it’s going to take a while.

Given this, when a lawyer can move something along quickly there’s a big temptation to do so — even when it’s not the best call.

I’ve seen this at my firm in particular during settlement: whatever side we are on there can be a tendency by younger lawyers to want to “check-in,” or push the other lawyer (or our client) to decide: are we settling or are we going to keep fighting?

Maybe checking in or pushing under these circumstances makes sense — you have to decide at some point, and you also need to ensure you and your clients are not being jerked around. But whether to check-in, or push, or not, cannot be motivated by a desire to move one thing along (as opposed to all those other things that the trial lawyer cannot move along).

Instead, as with so much with what we do, it comes down to the exercise of good judgment. Put aside the frustration of how long this all takes. Put aside any anxiety about whether the case will be resolved or not. Instead, discuss with your colleagues and decide: do we check-in? Or wait? Or fight?

Don’t let impatience or emotion or an understandable desire to show the client that you’re moving things along drive you. Make the best judgment call and let that guide you on how to proceed so you can win for your client.

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john-balestriereJohn Balestriere is an entrepreneurial trial lawyer who founded his firm after working as a prosecutor and litigator at a small firm. He is a partner at trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach him by email at john.g.balestriere@balestrierefariello.com.

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