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How to Win a Lawsuit: Facts & Law

Let’s say you have a nice, profitable business with your best friend from college. It’s been humming along for the past fifteen or so years, when tragically, your best friend suffers a head injury. They were base jumping while in the throes of a mid-life crisis in Switzerland. Unfortunately, because of the head injury, they’ve turned into a Dr. Evil clone and now you’re toe-to-toe in the courtroom in an epic battle over control of your widget empire.

Or I guess we could just go the boring route and imagine someone broke a contract or infringed on your intellectual property rights.

Regardless of how you get there, some day you may find yourself or your business neck deep in a lawsuit, trying to figure out how to win.

Being Right Might Not Be Enough

The most ideal situation, of course, is when you’re the party who is legally and demonstrably in the right. But will that guarantee that will win your case? Sadly, in many instances, the answer is often no.

To win, not only must you prove your case based on the facts and the law — which come into play during motion practice, motion for summary judgment, and trial — but you must also destroy your opponent’s counterclaim. Everyone has a story to tell or a justification for their actions, and you need to prove that your opponent’s story, their justification, is completely without merit.

At that point, ideally, the judge rules in your favor and you walk off into the sunset, never to darken the door of another courtroom. However, in the real world there are other ways to win a case.

Earlier we talked about two of those, Financial Attrition and Emotional Attrition, both legitimate and winning strategies if you’re not able to to destroy your opponent’s story.

Write a Happy Ending for Your Lawsuit

If you find yourself, for whatever reason, having to consider entering a courtroom to defend your name, your business, or your work product, engaging ethical and trustworthy representation can make all the difference in how your story ends.

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