Subscribe to RSS FeedYou know how a wave catches the stern and starts to get you sideways when you were thinking about something else? Or with fog, how there's an occasional moment where the sheer blindness of the stuff catches you off guard. Common to these moments, I think, is the fear of losing control. Being able to orient yourself is the elixir. A sharp turn on the helm, or a quick glance at the radar is usually enough when you're shipboard. What do you do, however, when you're in the midst of a litigation, and you sense the burble of a familiar feeling?
Litigation is a voyage with all the storms and safe harbors you might expect from a sail of any good length. As a party to a litigation, keeping informed as to the status of things is probably the key to not losing control. It's important to understand that like a doctor or accountant, an attorney has many clients and double as many files requiring attention. You (hopefully) only have a single litigation to contend with, so it's important to convey to your attorney that you expect to be involved. Consider asking to be copied on all communications, no matter how mundane. Take the time to speak with your attorney on some kind of regular basis to understand what developments have taken place. Ask your attorneys what they suggest you can do to assist in the litigation. If you're not happy with the level of communication coming from your attorney, try making a request for a telephone conference or an in-person meeting in writing.
You'll run up attorneys' fees, you say? Sure. Maybe being involved will cost you more. On the other hand, I've always maintained that the best litigation successes tend to result from clients that are interested and participate. That is, your success at the end of the day may eclipse any additional fees you incur.
Underway and making way.
--- JKF
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