Why We Prepare Every Case for Trial | Business Lawyers

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Few if any of the business litigation cases we handle will ever go to trial. Notwithstanding, we prepare for each case as though it will. Over the years our clients wonder about this, asking us why we would put in the effort to systematically prepare every business litigation case for trial in this way. Our answer is always simple and straightforward.

First off, there will be some business litigation matters that do proceed to trial. Obviously then, our preparation will position us and the client better when that happens. But for all those that don't, we find that we are invariably able to engineer a better outcome and more satisfactory result for our clients when we've worked up the case as if it were going to trial.

Here's why this is true: it's only after fully understanding the facts of the case and applicable laws that we can accurately evaluate our client's case. And only after fully understanding the strengths and weaknesses of the case can we negotiate effectively on our clients' behalf. This comprehensive and detailed know-how gives us the upper hand when working through possible settlements.

All this said, we only do this work when it's necessary. We will typically run a preliminary review of the case and then get to negotiating a settlement. In general, we find it best to initially focus on a resolution early on in the life of any business law case.  But if this process fails to result in an acceptable outcome for our client, we proceed just as if going to trial. This approach has continually proven to boost results for our clients.

At this point, the fact that almost no business law cases do proceed to trial becomes irrelevant - our focus is always on our clients' best interests and this process is what helps us achieve that. And we find that when we have near encyclopedic familiarity with the case and the applicable facts and law, we operate from a position of strength and reliably optimize the outcome.

A Legal Team with Valuable Experience

When you're faced with the possibility of business litigation, experience, and a deep knowledge base are invaluable. That's precisely what you'll find at Calkins Law Firm. Our team is rooted in business law and approaches each case with a discerning eye. We've come to appreciate the value in preparation, finding that knowledge is an unmistakable strength. From entering settlement negotiations to a case that goes to trial, move from strength to strength with Calkins Law Firm. Reach out to learn more about our team and how we can work for you.

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Benjamin Calkins

Benjamin Calkins

Ben Calkins is a well-educated, top-rated, and highly experienced business law attorney.

Ben Calkins is an honors graduate of Harvard College and the University of Michigan Law School. After law school, he clerked for a Federal Judge before joining one of the World’s largest law firms, Squire, Sanders & Dempsey. Mr. Calkins has also worked at, and been a partner in, several of the most prominent “old style law firms” in the World.