How Not to Snatch Defeat from the Jaws of Legal Victory in Lubbock and Amarillo

By April 30, 2016General

The key to winning a case before the Lubbock court or Amarillo court – or any court for that matter – fundamentally turns on the strength of your legal team. Obviously, having a good hand to play as to the facts and evidence is critically important. That said, an ineffective legal team can snatch defeat from the jaws of victory. So what steps should a client consider to increase the probability of success? Here are a few suggestions:

  • Experience – experience – and more experience – You want to make sure that your potential Lubbock or Amarillo business, litigation, and trademark/IP attorney has extensive experience in the specific issues which you are confronting. Although gray hair or no hair is definitely NOT a deciding factor in the selection of Lubbock or Amarillo business, litigation, and trademark/IP attorney – it can certainly help assuming the lawyer has the specific experience you need. As an example, if the legal dispute in West Texas involves intellectual property, you should find an Amarillo or Lubbock business, litigation, and trademark/IP attorney who handles these matters routinely. Therefore, a Lubbock or Amarillo litigation attorney with extensive experience in commercial law is not necessarily your best choice in the area of intellectual property. Drill hard and find out if he or she has handled IP or trademark cases in Lubbock and Amarillo with the precise issues you are confronting – for example, trade secret misappropriation or trademark infringement, etc. There are wonderful attorneys in Lubbock, Amarillo, and West Texas, but not all of them have the specific experience you need to increase your probability of winning in court.
  • Peer Review – The best indicator of attorney experience and quality in the area of business, litigation, and intellectual property law in Lubbock and Amarillo, in my view, is the peer rating service provided by Martindale Hubbell. This is the oldest and most respected peer review and rating service of attorneys nationwide and provides a rating of Lubbock business, litigation, and trademark/IP attorneys and Amarillo business, litigation, and trademark/IP attorneys based on reviews of other attorneys, clients, judges, and other criteria. Martindale Hubbell has been in the attorney rating business for over 140 years and is second to none. The highest rating is the “AV Preeminent Rating” which is exceedingly rare among attorneys nationwide. It doesn’t take a rocket scientist or law school graduate to glean that an AV rating is preferred over a lesser rating such as a BV or CV. I have been known to say that the “Good Lord invented the bell curve and not everyone is on the right side”. When choosing your next lawyer or surgeon, shoot for as far right to the bell curve as you can get!! I guess it is no surprise to you in reporting that the Moster Law Firm is rated AV.
  • No silo thinking, please! In the law and medical field, silo thinking refers to the ability of your professional to practice in a specific area – say business law. For example, a Lubbock or Amarillo attorney may have extensive experience in business law transactions but no experience or very little in the area of business “litigation” or business “IP Litigation”. The lack of experience beyond a specific practice area can present, in my opinion, a major weakness to the client. Although most business attorneys can draft a contract in Lubbock or Amarillo, a more effective attorney will also practice in the area of business litigation and be in a better position to select contract provisions which have a greater likelihood of holding up in a lawsuit. Not hard to see the advantage there. Also, there are numerous Lubbock and Amarillo trademark attorneys who can file an application with the Patent Trademark Office to register a trademark. However, not all trademark attorneys have experience in the area of trademark litigation. In my view, the ability of your trademark attorney in Lubbock or Amarillo to understand how the trademark might be challenged by the government or third parties provides a decided advantage to the client.
  • Think ahead – very far ahead! IBM championed a computer called Deep Blue which could beat virtually any chess player in the world. The secret was for this massive computer to think not only a few steps ahead, but hundreds of steps ahead! Now, I seriously doubt you can find a Lubbock or Amarillo business, litigation, or trademark/IP attorney capable of beating Deep Blue at its game, but the ability of an attorney to think far ahead is critical to success, in my opinion. Ask your Lubbock or Amarillo business, litigation, and trademark/IP attorney what the strategy is for your case and be specific. What is your first move? How will your opponent respond? What is your next response? And so forth. If your potential attorney seems unnerved, head for the nearest exit door!

Bottom Line: Caveat Emptor (buyer beware) should guide you in the selection of an attorney.