Litigators

There Is Always A Solution. Always.

It will take lots of work, as any good result by a trial lawyer always does.

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Good trial lawyers who serve their clients know that there is always some way to figure out a problem and do their best to win for their clients.

I was probably out of law school a solid decade and a half before I didn’t somewhat freak out when I encountered any entirely new problem or law or set of facts.

By this time, I’d had the great fortune to try dozens of cases, work on years-long investigations, and practice in courts and arbitral bodies around the country, on behalf of domestic and foreign clients of all shapes and sizes. In other words, I was not only somewhat seasoned, I was also fortunate enough to be very seasoned for my level of general experience.

Yet, I still had the issue that if something new came up, in a new case in particular — and I’ve been lucky to practice in all kinds of matters, so nothing seemed cookie cutter or just a repeat of what I’d seen before — I would, initially, be stressed: What laws applied? What did I need to investigate? What even makes sense for the client?

Finally, I wised up and looked back at my cases and realized that somehow my colleagues and I figured out how to proceed. We determined the relevant law. We counseled the clients to help them determine what their goals really were. And we decided how to proceed to achieve those goals. The point is that we figured it out. We found the solution.

Lawyers need to keep that in mind, especially when you practice at a firm like ours where the matters can be complex, based on years of history, in areas of law that change all the time: you will figure out the solution. I’m not saying the solution is obvious. It generally is not. That’s why there may need to be hours of research, discussions with colleagues, rejection of some initial ideas, and all of that.

However, to win for your clients — that is, to do your job as a trial lawyer — you need to enter a new, messy case with all the unforeseen facts, and not knowing the law, with the complete confidence that you and your team will figure out a solution. It will take lots of work, as any good result by a trial lawyer always does. But keep this attitude in mind and you will find the solution. Always.

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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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