We believe that whether we represent a plaintiff or a defendant the best posture is to take the offensive.  Our goal is to maintain the initiative and define the issues as favorably for our side as we can.  The firm’s experience is that this approach resolves disputes faster and cheaper than the alternative.

To that end, we have an established method for handling matters that seeks to avoid three questions frequently asked by clients after litigation ends:

• Why did it take so long?
• Why did it cost so much?
• Why, when we finally got to the courthouse steps, did my lawyer insist we settle?

The firm tries to avoid or minimize these complaints, which are somewhat inherent in the modern adversary process, through three steps.

Step One:  The firm develops a litigation strategy with the client at the outset.  This strategy sets forth what the client wants to accomplish and how the firm intends to do it.

Step Two:  The firm establishes a time-line and a budget.  Most business persons work off budgets and cannot understand why lawyers are reluctant to do the same thing.

Step Three:  The firm executes the strategy and periodically notifies the client of the progress and whether they are “on plan.”  If not, the firm explains why not.

In litigation, litigation counsel are effectively partners with the client, whether the client is a corporation, its in-house counsel, an individual or a corporate executive.  The way Kelly & Berens handles these matters recognizes that fact.