Most companies deal with litigation issues at some point. While most routine litigation can be handled by an experienced corporate attorney, complex litigation needs to be handled by an attorney who has specific experience in this area.
To better understand complex litigation, let’s explore the differences between standard litigation and complex litigation.
What Is Litigation?
The practice of resolving civil disputes between two or more parties in a court of law is called litigation. Most litigation is complex to a certain degree, particularly to the layperson. However, complex litigation is even more involved and may include multiple parties across numerous jurisdictions, even different countries, involving esoteric legal issues with a substantial amount of money at stake.
These cases are often time-consuming and expensive, even when a favorable outcome is achieved. Additionally, the media is likely to be very interested in the outcome, particularly if the case goes to trial. The following are some of the types of lawsuits that are considered complex litigation:
- International transactions or investments
- Employment negotiations and arbitration
- Contract disputes with subcontractors
- Business and commercial litigation
- Employment class action lawsuits
- International arbitration
- Class-action lawsuits
- Federal civil cases
- Anti-trust cases
- Mass torts
If a corporate law attorney doesn’t have experience with complex litigation, it is very unlikely that they will take on such a case. Complex litigation cases can involve judgments that involve large amounts of money—millions or even billions of dollars, depending on how many parties are involved and the scope of the lawsuit.
In-House Counsel May Not Be Able to Handle Complex Litigation
Even when complex litigation cases go well, it can take months or years to resolve. As such, in-house counsel may not have the tools to complete such a task. These types of cases require extensive planning, experienced assistance, and knowledge of the subject matter in the specific type of litigation in which you are engaging. Additionally, in-house counsel is already busy handling the day-to-day legal needs of the companies they work for, and it is not realistic to expect those hardworking people to add something as substantial to their existing workloads.
If your company is facing complex litigation, it is important to carefully select counsel that understands the subject matter, has the litigation experience necessary, and is able to plan a winning strategy. Preferably, you should seek out an attorney or a firm with a track record of successful outcomes in similar types of cases.
In fact, it is important to seek out attorneys not just familiar with complex litigation in general, but one who has handled cases with legal and factual issues that are similar to those you are facing.
Mitigating the Financial Impact of Complex Litigation
When engaging in complex litigation, budgeting your litigation expenses is part of the process to ensure success. As these cases can go on for years, it is important to focus on running a marathon, not a sprint. As such, it’s crucial to have an attorney who can guide you through the process with the ability to meet budgets and ensure that your resources are not exhausted before you achieve a resolution. Whether it’s helping in determining a fair settlement amount, or even knowing when to withdraw the litigation, a skilled litigator can help with achieving corporate goals within the confines of the litigation.
Some Attorneys Focus Their Practice Exclusively on Complex Litigation
Fortunately, there are firms that are qualified to handle these types of cases. These firms have trial teams who are experienced with all aspects of complex litigation, including cases that must be tried before a jury or judge.
Oftentimes, complex litigation seeks to facilitate social change. You need an accomplished attorney who can prepare for such cases and represent you in a way that ensures that your public image isn’t tarnished. Sometimes, complex litigation can be used in your favor to improve the public’s view of you.
It is therefore necessary to research and review the experience of potential attorneys to ensure that you select the best representation—not only for your needs, but the needs of your organization as well. When contacting an experienced attorney, be prepared to provide them a succinct yet complete description of the problem your organization is facing, the parties involved, and an estimate of the value of the issue that needs to be resolved. With this information, you can usually consult with an experienced attorney about whether next steps are in order, and plan a successful strategy.
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