While I certainly enjoy the emotional fulfillment that comes from working on straightforward, slam-dunk cases, my favorite type of cases to engage in are challenging, complex litigation cases—those that involve sophisticated legal claims, complicated subject matter, multiple parties with conflicting interests, extensive discovery, numerous expert and fact witnesses, and unpredictable, high-stakes outcomes.
Here’s why:
➥ COMPLEX LITIGATION CASES ARE CHALLENGING!
From the delicate maneuvering of laws and procedural complexity to the required analysis of vast amounts of evidence to the methodical elicitation of critical witness testimony to the considerable psychological pressures, resource demands, unexpected developments, and dynamic interplay between parties, the multifaceted nature of complex litigation cases requires legal teams to constantly adapt and navigate a labyrinth of strategic decisions. The successful mitigation of all factors demand a combination of intellectual prowess, meticulous attention-to-detail, and strategic acumen, making for a lengthy challenge for all involved!
➥ ADDITIONALLY, IN PARTICULARLY CHALLENGING COMPLEX LITIGATION CASES, EACH SIDE HAS CLEAR STRENGTHS AND WEAKNESSES, REQUIRING LEGAL TEAMS TO FIGHT HARD FOR THE OUTCOME THEY WANT.
The most challenging complex litigation cases, in the author’s opinion, are often the ones that are not as clear-cut, factually or legally, in which attorneys on all sides genuinely believe their client has a strong case, albeit a weakness or two that simply needs skilled contextualization. These are the types of cases where, if you read a neutral accounting of all arguments on each side, the case appears balanced enough or complicated enough that the outcome could go a variety of ways at trial.
When compared side-by-side to cases with much more simplicity, and perhaps a much clearer line of right-and-wrong, one can see the difficulty associated with challenging, complex litigation. These cases are so intricate that the scales of justice engage in a balancing act battle, leaving you to wonder what each party will do to try to set themselves apart and secure the scales’ favor. Such a setup allows most sides a fighting chance at the kind of resolution they want—making the outcome largely up to how well cases are prepared and executed. This unpredictability makes them fun and thrilling to work on!
➥ FURTHER, CHALLENGING COMPLEX LITIGATION CASES COMPEL ALL PARTIES TO PUT THEIR BEST FOOT FORWARD, RESULTING IN HIGHLY COMPETITIVE LAWYERING.
In challenging complex litigation, though you may have some facts or laws in your client’s favor, you do not have the luxury of comfortability. Because the stakes are high and the implications are costly, you cannot afford to risk ill-preparation. You cannot afford to risk showing up with vague theories, hazy arguments, or sloppy presentation. You cannot afford to risk not finding every hole, not connecting every dot, not evaluating every perspective that could help your side stand out as the most legitimate among the parties. This uncomfortable reality compels all parties to bring their A game, put on their most convincing arguments, and present their best case, resulting in highly competitive lawyering!
➥ DUE TO THE HIGH LEVEL OF COMPETITION, CHALLENGING, COMPLEX LITIGATION CASES FORCE LEGAL TEAMS TO GROW–IN ALL WAYS POSSIBLE.
Not taking anything for granted, not leaving anything to chance, you have no choice but to throw your best resources at working up each case and regularly consider new approaches that could be helpful. Each case presents a unique opportunity to grow your legal team’s ingenuity, resourcefulness, persuasiveness, presentation, critical thinking, conflict resolution, and many other skills—skills that are valuable, transferable, and that gain compounding interest with each and every case you and your legal team work on. These cases provide rigorous exercise for curious, analytical, problem-solving minds and great value to you and your team in return for working on them!
➥ FINALLY, CHALLENGING, COMPLEX LITIGATION CASES PROVIDE TAKE-HOME VALUE TO ALL PARTIES INVOLVED, WIN OR LOSE.
Challenging, complex litigation cases are often trial-worthy, and, if engaged with the best lawyering on all sides, produce fascinating trials that you and your legal team learn from tremendously, that judges are honored to preside over, that jurors are proud to deliberate over, and that courtroom viewers are delighted to observe. These cases provide take-home value to all parties involved, win or lose.
A FINAL NOTE FROM THE AUTHOR:
As someone who is impartial, curious, and enjoys the process of figuring things out, I get excited when presented with cases that encourage me to grapple with complicated facts and develop viable theories, explanations, and strategies to assist my clients. I grow creatively, mentally, and strategically with each case I engage in. Contact me directly at huni@huninorman.com to get involved in one of your complex litigation cases today! -Huni