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Helping Your Civil Litigation Attorney Do His Whole Job


In business disputes, and especially in partnership disputes and disputes between shareholders in small corporations, the most fruitful settlement strategies sometimes don't get executed immediately because experienced attorneys, especially experienced civil litigation trial attorneys are sometimes reluctant to play "devil's advocate" forcefully too early. Good trial attorneys understand human nature. They know they are hired for their skills as advocates. They know that the client probably has strong emotional feelings or anxieties about the pending dispute, even more so when the potential opponent is a partner or business associate. We learn early that immediately dwelling too long problems or weaknesses in the client's case can shake up the client and make the client question the lawyer's level of conviction and loyalty. "Just whose side are you on, anyway?" Experience teaches us to wait for the right time

If you want to jump-start the analysis, give your attorney the green light. Ask him "What problems do we have with this case? What are our strengths and what are our weaknesses?"

That signals to him that you recognize every civil litigation trial attorney has a dual role; not only that of your advocate, but also that of your counselor. As your advocate, it's his job to develop the strengths of your case and state your position forcefully to your opponent and to the court. As your counselor, his job is to advise you conservatively, exploring with you the problems in your case as well as its strong points, and to point out full range of results that could come from trial so that you can make an informed decision as to how to resolve the matter.


The process gets jump-started when he knows you are really ready to play.

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Chodos & Associates
1880 Century Park East
Suite 615
Los Angeles, CA 90067

Toll Free: 866-986-7255
Phone: 310-598-3405
Fax: 310-203-3866
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