Litigation begins before a complaint
The most useful litigation work often happens before formal pleadings are filed. Documents are gathered, witnesses are identified, leverage is assessed, and business goals are clarified.
Preserve the record
Relevant contracts, messages, invoices, notes, calendars, and internal communications should be preserved. A clear litigation hold can prevent avoidable problems later.
Keep communications disciplined
Internal commentary about a dispute may become discoverable. Leadership teams should centralize communications and avoid speculation in writing.
Budget for decision points
Commercial litigation should be reviewed at predictable stages. Early case assessment, motion practice, mediation, discovery, and trial preparation each deserve separate cost-benefit analysis.