We appreciate that litigation is not an end in and of itself. It is instead a means to a business end, as defined by our clients
When dispute resolution fails and the circumstances call for litigation, The CommLaw Group’s talented litigation attorneys aggressively assert and defend our clients' legal rights and interests before state and federal courts, regulatory agencies, and other venues. Litigation has become an integral, and at times unavoidable, aspect of the business world. Recognizing that litigation is never an end in itself, our litigators believe that litigation should be used only as a tool of last resort. In line with this philosophy, our attorneys' first line of attack is to work closely with clients, and attorneys in the other practice groups, to counsel on amicable resolutions and avoidance of litigation. Should litigation become necessary, our attorneys offer extensive litigation expertise in the most cost-effective manner possible.
The CommLaw Group’s Dispute Resolution and Litigation Practice Group has established a reputation for excellence through its aggressive, efficient and successful representation of clients in a wide range of substantive legal areas. What sets us apart from the crowd is our unique specialization in telecommunications, VoIP and other advanced communications mediums. Applying our industry knowledge, we aggressively protect the interests of our communications clients in disputes with competitors, and also with customers, suppliers, vendors, contractors, employees, lenders and regulators. We represent our communications clients on almost any issue they face in practically any forum — whether litigations, investigations or regulatory challenges before federal or state courts, the Federal Trade Commission, the Department of Justice, state Attorneys General, the FCC, state Public Utility Commissions, mediators or arbitrators. Our trial attorneys represent plaintiffs and defendants in all phases of litigation, including jury and bench trials, arbitrations, mediations and appeals.
The CommLaw Group’s litigation attorneys are admitted to practice before the local courts, various state and federal trial and appellate courts and the United States Supreme Court. In addition, our attorneys work hand-in-hand with local counsel throughout the country, giving them and the firm the ability to effectively manage litigation nationwide.
Our Philosophy on Litigation: Serve in the Best Interests of our Clients Strategically, Emotionally and Financially
When business negotiations fail and litigation becomes a possibility, management often becomes fearful of taking the next step and retaining litigation counsel. There are fears about the unknown risks and unintended consequences of litigation, but frequently the primary fear is cost. That is why the attorneys at The CommLaw Group approach litigation with all of our clients’ best interests (and fears) in mind.
As simple as it seems, many lawyers ignore the most important first step in any pre-litigation strategy—figuring out where the client wants to go and how to get there. Defining goals and objectives drive our firm’s litigation strategy. That is why we:
- Meet to identify and understand client goals—business as well as legal—and develop a plan to align our services to those goals
- Perform early case assessment to develop a litigation plan, evaluate the possibility of early settlement and assess costs for different litigation strategies
- Enable strategic success via efficiency, predictability and client satisfaction
Litigation Management Process
Click the arrow to read more about The CommLaw Group's litigation management process that delivers value, through passionate advocacy, but without unwanted surprises through proper Scoping, Staging, Budgeting and Staffing of major litigation projects.
Litigation Budgets that Matter
The foundation of managing litigation costs is the budget. The CommLaw Group’s lawyers understand this critical financial planning component and make sure our budgets fit the client, the case and the desired result. We achieve satisfactory results by incorporating:
- Leverage our deep knowledge of case costs to prepare detailed budgets
- Provide regular progress reports on budget-to-performance status
- Update budgets as litigation and client needs change
We utilize the right combination of lawyers and other professionals best suited to clients’ specific case needs.
- Incorporate lean and focused staffing strategies
- Match the right people to the right tasks to optimize value for the client
- Apply project management skills to ensure value throughout all phases of a case
Monitoring Litigation Expenses
We care about the legal expenses clients have to pay and take steps to manage them.
- Contain the scope of discovery through effective meet and confer strategies
- Employ cost-effective document review strategies
Our approach to delivering value works and to prove it, where circumstances are appropriate, we are willing to share the risk of litigation through alternative and flexible fee arrangements.
- Fixed-fee billing, including fixed annual and fixed fee per case
- Performance Based Billing (PBB), subjecting portions of our fees to success criteria
- Blended rates or other alternative fee arrangements
Litigation is inherently unpredictable, but through budgeting, case management and proactive communications, our firm seeks to minimize surprises.