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A couple of 1983 graduates of U.Va.’s law school summarized the time/cost factor of litigation by quoting the famous Lexus automobile slogan “relentless pursuit of perfection.”  They reflect over the years since meeting at law school orientation 27 years ago. “Through it all, we have been joined by a common belief that if we try hard enough and long enough, we can achieve the highest possible level of client service, while maintaining our strong sense of integrity.…. We wait for that ‘wisdom born of experience’ to kick in. In the meantime, we continue to over-prepare for all matters, large and small, ever mindful that the Scouts had it right: ‘Be prepared.’…Trial practice is fraught with friction and packed with pressure.” U.VA LAWYER, Fall 2007, Vol.31,No.2. ,p.87-88.  

They don’t mention that the client pays for the delay and expense of waiting for wisdom to kick in and of over-preparing, but who wants to risk “defeat” since litigation is “civilized warfare” according to former Virginia Supreme Justice Cochran. When the final judgment is rendered in your case, you’ll never know if you over-prepared, but you’ll know that you underprepared when the ruling favors your opponent! 

It has been said that in litigation lawyers spend 1/3 of their time “discovering” what evidence the other side has, 1/3 learning about their own client’s case (including what their own clients failed to tell them), and one-third listening as “counselor” to their  clients talking about issues and feelings that the judge won’t give a hoot about.   

The foregoing provides educational information and does not provide legal advice. It was not prepared for you either generally or in connection with any specific issue or case. The mediator does not give legal advice. You are responsible for obtaining legal advice from your own lawyer.