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Why Litigation Is Nothing More Than A Business Tool – 26 Unbreakable Litigation Rules!

Website design By BotEap.comFrom Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T; from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and all other facets of world trade: to grow geometrically and sustain, litigation must be used and mastered (wisely).

Website design By BotEap.comAs briefly as possible, I will recall the highlights of the use of litigation as a business tool.

Website design By BotEap.comNow, before we start, I want the record on the record, about 50% of my 30-year litigation history has had nothing to do with making money, that is, many lawsuits have been based on principles, some were to correct an error as egregious as slanderous comments made about me; and some were because an entity just needed a good reward and no one else would carry the flag into battle.

Website design By BotEap.comI, like Don Quixote, have fought more than one windmill.

Website design By BotEap.comAs you have heard me speak and write, when creating your ‘Dream Team’, you want accountants from the Big Five and a great national or international law firm, the best representation you cannot afford!

Website design By BotEap.comUnlike the success-oriented fees that I advise you to use when facilitating transactions, no law firm will initially litigate on this basis.

Website design By BotEap.comPerhaps if your case is especially strong, they will do so on a contingent basis. Unfortunately, you will, from time to time, use litigation as a positioning tool and your case may not be something that you can seriously take advantage of.

Website design By BotEap.comA year or two ago, being left with a pig in a punch, I had to litigate a case with misleading data at best to support the desired outcome. Fortunately, our (my) apparent lust to litigate was stronger than his desire to fight a tough battle, so a reasonably good settlement was finally reached.

Website design By BotEap.comOf course, during this process my good lawyers advised us, advising that our case should be much stronger, etc. Even with great lawyers, it’s their job to inform you of downside risks. Again, what happens is that you are often afraid to move forward with your case.

Website design By BotEap.comGood lawyers win regular lawsuits. Great attorneys can win lawsuits where you have little or no chance of winning.

Website design By BotEap.comThree of my favorite litigators over the years are Steve Susman and Cyrus Marter IV of Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of Charleston Revich & Williams in Los Angeles. All three have pulled me out of some pretty big black holes.

Website design By BotEap.comI have taken care of them for 10 and 20 years respectively. They are worth every penny they charge!

Website design By BotEap.comOur judicial system works, but we grow up fearing it. It is outside our comfort zone, so we exclude ourselves from benefiting from it. Normally, the cost associated with it prevents us from using it.

Website design By BotEap.comIn fact, I am currently involved in litigation in which the auxiliary parties to the litigation have rights that are being seriously violated. A large group of people could exert great pressure, but they are afraid due to previous bad experiences. They may get what they deserve, but they are not pursuing your best interests.

Website design By BotEap.comThere are lawyers who handle cases for humanitarian reasons, if the case warrants it, also in the business field, that is, large corporations that take advantage of the system only because of its size.

Website design By BotEap.comWhy do you want to sue so that you are the plaintiff? As a plaintiff, you choose where and when the lawsuit is disputed and probably ultimately resolved.

Website design By BotEap.comThis can be a great advantage. And second, the plaintiff is allowed two closing arguments, which means that you (your attorney) can address the judge and / or jury again and again after the defendants’ final argument. This can also be very important.

Website design By BotEap.com26 unbreakable litigation rules

Website design By BotEap.com# 1 CHOOSE YOUR BATTLES

Website design By BotEap.com# 2 CHOOSE THE PLACE

Website design By BotEap.com# 3 BE THE PLAINTIFF

Website design By BotEap.com# 4 HAVE THE BEST REPRESENTATION

Website design By BotEap.com# 5 LISTEN TO YOUR HEART

Website design By BotEap.com# 6 DON’T LISTEN TO YOUR SICK STOMACH WHEN YOU’RE OUT OF YOUR COMFORT ZONE

Website design By BotEap.com# 7 DON’T LISTEN TO FAMILY, FRIENDS, ET AL

Website design By BotEap.com# 8 LISTEN TO EXPERIENCED LITIGANTS – LIKE ME!

Website design By BotEap.com# 9 SPEAKING IN GENERAL, DON’T WORRY ABOUT THE COST (THIS IS VERY HARD!)

Website design By BotEap.com# 10 BIG DEMANDS ARE BETTER THAN SMALL

Website design By BotEap.com# 11 CHOSEN JURY TRIALS, OPPOSED ONLY TO A JUDGE

Website design By BotEap.com# 12 PREPARATION (YOURS) IS EVERYTHING – KNOW THE FACTS

Website design By BotEap.com# 13 PRACTICAL DEPOSITIONS AND TESTS

Website design By BotEap.com# 14 IF YOU ARE THINKING OF A BETTER STRATEGY, GET A NEW LAWYER (NOT TRUE IN MY CASE)

Website design By BotEap.com# 15 NEVER GIVE UP

Website design By BotEap.com# 16 DON’T BE INTIMIDATED BY THE PROCESS

Website design By BotEap.com# 17 USE FALSE EVIDENCE (FAKE THE EVIDENCE YOU TAKE IN FRONT OF A HIRED JURY)

Website design By BotEap.com# 18 DRESS SIMPLE AND CONSERVATIVE IN COURT – NO JEWELRY EXCEPT A WEDDING Sash; WHITE SHIRT, PLAIN TIE AND DARK SUIT FOR MEN AND EQUIVALENT FOR WOMEN; BODY HAIR FOR SHORT MEN

Website design By BotEap.com# 19 DON’T LOSE YOUR TEMPERATURE IN COURT – IT’S OK TO CRY IF IT’S REAL

Website design By BotEap.com# 20 HAVE YOUR SPOUSE IN THE FIRST ROW EVERY DAY. CHILDREN ALSO IF POSSIBLE. OTHER FAMILY MEMBERS IN SECOND ROW IS OK

Website design By BotEap.com# 21 THERE ARE NO PRESS QUOTES THAT ARE NOT ‘WE BELIEVE IN OUR CASE AND THAT IS WHY WE WENT TO COURT’. YOUR WORDS CAN TURN EASILY.

Website design By BotEap.com# 22 WHEN YOU GO OUT FOR LUNCH OR RECREATION, REMEMBER TO NEVER SPEAK IN PUBLIC ABOUT THE CASE – YOU NEVER KNOW WHO COULD LISTEN

Website design By BotEap.com# 23 WHEN YOU FIND A WINNING LEGAL TEAM, STAY WITH THEM

Website design By BotEap.com# 24 ALWAYS TELL THE TRUTH, NO MATTER WHAT. THE TRUTH WILL SET YOU FREE.

Website design By BotEap.com# 25 DURING VIDEO-RECORDED DEPOSITIONS AND IN COURT, WATCH THE CAMERA AND THE JURY. MAKE EYE CONTACT.

Website design By BotEap.com# 26 WHEN TESTIFYING IN A DEPOSITION / TRIAL, IF YOU DON’T KNOW THE ANSWER, SAY YOU DON’T KNOW THE ANSWER

Website design By BotEap.comIt is a closed world of the best litigants. Virtually all large law firms have good to super good attorneys. Not all great law firms have great litigants. You don’t always need a great lawyer, but at some point if you grow geometrically, you will.

Website design By BotEap.comLike any other project management, litigation must be managed. Unfortunately, just like giving speeches, you become a great litigator by going through a learning curve.

Website design By BotEap.comI don’t mean that you have to get involved in wasting your efforts (like making bad speeches so that after a while you can make good speeches) in order to win in court. Large law firms will allow you to get ahead of the learning curve.

Website design By BotEap.comThe Quantum Leap methodology talks endlessly about how to follow your dreams. Life without dreams is like a bird with a broken wing: it cannot fly. I wrote this newsletter because sometimes you will need litigation to follow your dream.

Website design By BotEap.comGet out there and kick some ass, and don’t let conventional wisdom stop you from achieving your dream.

Website design By BotEap.comConventional wisdom says don’t litigate.

Website design By BotEap.comAll the high performers and great organizations of the last hundred years litigated and litigated as I write this letter.

Website design By BotEap.comDon’t litigate frivolously, but don’t be afraid either.

Website design By BotEap.comAt your quantum leap,

Website design By BotEap.comDaniel S. Peña, Sr.

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