It’s official, many corporate counsel (49%) predict an increase in lawsuits and regulatory investigations in 2023 compared to 2022. That’s up from 36% who thought there would be fewer legal challenges last year.
When it comes to litigation, there is only one thing worse than losing your case — losing the case you should have won.
The problem is not all attorneys are created equal.
The attorney you hire can make or break your case. Unfortunately, that realization does not usually sink in until it is too late for most people.
In this guide, we will discuss:
- Why experience is more important than most people think
- What makes a truly experienced litigator
- The hidden costs of inexperienced counsel
- How to spot a truly experienced attorney
Why Experience Matters More Than You Think
When it comes to litigation, experience matters more than you may realize.
The reality is that larger, well-resourced law firms generally have higher court win rates than smaller firms. However, the critical factor is not the size of the firm but the experience of the lawyers representing you.
Would you allow a medical school student to perform your surgery? I hope not, and the same thinking should go into hiring an attorney to represent you. When your business, assets or freedom is at stake, you should demand experienced litigators for your case.
There are three key benefits to working with an experienced attorney:
- They have a deep and intimate knowledge of how courtroom procedures work – including what makes judges tick and which arguments have the most weight.
- They have a proven track record and know what works and what does not in hundreds of cases.
- The other side respects them – and other lawyers and judges do too. This respect goes a long way.
What most people do not realize is that the other side also knows when you have an inexperienced lawyer. It has been found that in complex litigation, defendants are much more likely than plaintiffs to hire experienced attorneys. That is because they know it gives them an advantage.
What Sets Great Litigators Apart From Average Ones
Allow me to explain what sets a really experienced litigator apart.
They have a deep understanding of the “big picture.”
It is not enough to know the law. Great litigators also understand:
- How insurance companies negotiate and what it takes to get a good settlement offer
- The art of when to push for trial and when to settle
- The intricacies of court procedures in their local jurisdiction
This knowledge can only come from years of experience. You cannot learn it from a book.
They also know how to build your case.
An experienced litigator will leave no stone unturned in gathering every piece of evidence that will put you in the best possible position to win. This evidence could be medical records, eyewitness statements, or expert testimony. They also know:
- Which experts to hire
- What documents are most important
- How to present your story in the most compelling light possible
This preparation can make all the difference between a good settlement and a bad one.
They have a proven track record.
Less than 3 percent of civil cases actually go to trial and get a verdict. Most civil lawsuits settle. However, an experienced attorney with a history of taking cases to trial and winning will have a significant advantage during settlement negotiations. Insurance companies and opposing counsel know they are not bluffing when they say they are ready to take the case to court if necessary.
This reputation alone can increase your settlement offer by a significant margin.
The Hidden Costs Of Inexperienced Counsel
You may be wondering exactly how much an inexperienced attorney can cost you.
In terms of time, inexperienced attorneys take longer to prepare cases. They may miss important deadlines or make procedural errors that result in delays of months. This is unacceptable when your life and livelihood are on the line.
In terms of money, every delay and mistake costs you. Whether it is a missed opportunity for a good settlement or a lost case that could have been won, the financial consequences can add up quickly.
However, none of that compares to the damage to the results you achieve.
An inexperienced attorney could cost you the case or leave money on the table that you deserved.
And once the case is over, there is no going back.
How To Spot A Truly Experienced Attorney
Finding the right litigation expert is not always easy, but it is possible.
Ask about their specific experience
Do not be afraid to ask tough questions about an attorney’s track record. Do not just ask them how long they have been practicing law. Instead, ask:
- How many cases similar to yours have they handled?
- What were the results?
- Do they have a specific focus on cases like yours?
Specialists almost always outperform generalists in the litigation arena. You want someone who lives and breathes the type of case you have.
Look at their resources
It is not just experience that matters – it is also about having the right resources.
Does the attorney you are considering have access to:
- Expert witnesses
- Investigation teams
- Medical professionals
- Technology to prepare your case
These things can make a world of difference when it comes to complex cases.
Check their reputation
A pro tip that most people do not realize is that they can find a good attorney just by talking to other attorneys in their area. Ask them who they would hire if they had a case like yours. Chances are, the legal community knows who the real experts are.
You can also:
- Check online reviews from former clients.
- Check state bar records for any disciplinary actions.
- Look for professional awards and recognition.
- See if they have been a speaker or author on legal topics.
Meet them in person
Schedule consultations with a few attorneys before deciding on who to hire. Pay attention to how they explain your case, whether they answer your questions clearly, and if they seem genuinely interested in helping you.
Trust your instincts
You will be working closely with this person, so make sure it is someone you can trust and feel confident with.
The True Value of Experience
To be brutally honest with you, hiring an experienced litigation expert is going to cost more money up front. That is just a fact of life. But the return on that investment is substantial when you consider the benefits such as:
- Better settlements
- Faster resolutions
- Less stress
Most importantly, you get the peace of mind of knowing your case is in capable hands.
The Bottom Line
Litigation is never a pleasant experience, but it is high stakes. Whether you are facing a business dispute, a personal injury claim, or any other type of legal challenge, your choice of attorney matters more than almost anything else.
Experience is not just a “nice to have.” It is the difference between winning and losing, a good settlement and a great one, months of delays or efficient resolution, stress or confidence.
Do not make the mistake of hiring based on price or choosing the first attorney you find. Do your homework, ask the right questions, and find someone with proven experience in your specific type of case.
Your future depends on it.
Key takeaways
The legal environment is becoming increasingly competitive as lawsuits and investigations rise.
Choose a lawyer with specific experience in the same type of case that you have.
Make sure they have the resources and reputation to back up their skills.
Do not be afraid to ask tough questions about their past results.
Act quickly as the evidence will go stale, witnesses forget, and deadlines pass. The best time to hire an experienced litigator was yesterday; the second best time is right now.
People also read this: The Quiet Rise of Relationship-Based Lending: How Small Businesses Are Winning With Personalized Funding
