How to Think About Litigation

May It Please The Internet by John Di Giacomo & Eric Misterovich

Episode notes

How to Think About Litigation

  • Had a client ask me, will I win? And it just made me think about the incredible disconnect between what people think a lawsuit is about and what a lawsuit it really about.

  • Basics of litigation – big picture

    • Long, slow, expensive

    • Not great way to solve a problem

    • Either a last resort or a problem so big that it cannot wait or injunctive relief

  • Outside pressures play a big role

    • Loss of profits, waiting on money, financing, online listings, etc.

    • Personal or business decisions, selling the business, new projects, new hires, etc.

  • Procedure

    • Complaint, summons

    • Answer/MTD

      • Creating factual issues good for P bad for D

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