LITIGATION LAW IN TEXAS
Texas litigation is definitely more than winning a lawsuit. This is a critical proposition that most clients and even some lawyers are unaware. Let me explain.
I have been an attorney for over 36 years and commenced my career as a litigation attorney for the U.S. Department of Commerce in Washington in the Reagan Administration. My title was actually – “Attorney – Finance & Litigation”. This was an important designation as my responsibilities off the bat (out of law school) related to a financial portfolio in excess of $1 billion and the attendant litigation issues. When you have that much money at stake, you can count on a bunch of lawsuits covering every imaginable legal topic pending in both Federal and State Court nationwide. I traveled a lot, to put it mildly!
What I learned is that an effective lawyer must have a substantial background in finance/business to be a successful litigator. Succeeding in litigation requires a multifaceted approach which involves an extensive overlay of legal issues including business law, contracts, intellectual property, regulatory law, real estate, and other areas.
COGENT LITIGATION STRATEGY
Without the ability to comprehend and integrate disparate legal subjects, a cogent litigation strategy cannot be formulated at inception. What this means, unfortunately, is that the client will never be able to distinguish the forest from the trees if the legal team also has no clue.
Such a result is disastrous but tragically, a typical scenario in my chosen profession. In the usual scenario, the lawyer has experience as a litigator or one of the areas involved in the lawsuit, for example –contracts. I have always referred to this linear modality as being a “silo law practice”. Although the lawyer or firm has basic competence to be State Bar compliant, there is precious little to offer the client beyond an exceedingly shallow assessment of the subject dispute and available remedies.
Critically, these “linear based” lawyers and firms lack the requisite experience/sophistication to offer the client a sound risk assessment as to the chances of success and the legal costs from inception to completion. In the absence of a fully vetted cost/benefit assessment of a potential lawsuit or defense, the client cannot make a rational decision.
The Moster Law Firm was founded to provide the comprehensive and integrated advice clients need the most to address litigation matters which arise whether offensive measures are involved (filing a lawsuit) or defensive (answering a pending lawsuit). We have the ability and bandwidth to drill down to the alleged claims/defenses to immediately advise as to the recommended course of action.
Given the breadth of our experience, we routinely meet with prospective clients on a complimentary basis which includes a comprehensive discussion of the facts and review of the underlying business contract and documents. At this first meeting, we will provide an initial litigation assessment and recommended course of action. We are not a firm which “writes memos the file”. We get right down to it.
KNOWLEDGE OF LITIGATION + BUSINESS = BETTER CONTRACTS
Our knowledge of Litigation + Business + other areas = better contracts for our clients. Although many law firms can prepare the transactional documents necessary to conclude a business deal, they lack the litigation experience to anticipate potential flash points and nuances which might arise and include the necessary contractual language to shield the client from liability. This is a critical element which is often overlooked when hiring a transactional attorney.
You can count on us to have the experience necessary to not only conclude the anticipated transaction but to anticipate problems which might arise and protect the client from economic harm. Litigation is more than filing or defending a lawsuit. Give us a call and we can explain why.