Most litigation presents the risk of financial costs for our clients. But the overall cost of litigation includes more than finances. Litigation drains your time, energy, and focus. And when lawyers fail to move quickly and treat your case like a slow burn that they can deal with when it’s convenient for their schedules, you can wind up paying twice: once in the fees you pay to your lawyer, and once again in the “opportunity costs” of wasted opportunities along the way.
If your lawyer can’t explain why delay is to your benefit or fails to make sure that opposing counsel works fast, too, then the litigation is probably costing you more money, time, or opportunities than it otherwise should. Since your lawyer’s efficiency matters, here are some things to watch out for whenever you find yourself involved in litigation.
Billing Should Reflect Strategy
Hourly billing by attorneys working on litigation matters is still the norm, but that doesn’t mean your litigation costs should be open-ended or give your lawyer a blank check. Every call, email, memo, or motion that gets a price tag should benefit you somehow. If your lawyer fails to manage those hours with precision, the meter runs while you’re standing still. Whenever you engage litigation counsel, make sure you ask:
- Has my lawyer asked me what I am expecting to invest in the litigation, not only in terms of dollar costs, but also my time and attention?
- Has my lawyer presented a litigation strategy that accounts for how I want to invest my money, time, and attention on the matter?
- What’s the lawyer’s projected budget to achieve the strategy?
- Has the lawyer assured me that all work will be done by the lowest cost and most efficient provider of the services?
- What’s the plan for keeping discovery efficient?
- What’s the plan for seeking opportunities for early resolution of the dispute, such as early settlement talks or motion practice?
A good lawyer provides solid answers to questions like these and prioritizes the impact of each litigation activity on the client’s ROI. If your lawyer’s answer to these questions just seems to get back to the notion that “we’ll fight everything no matter what,” you should press harder for answers that satisfy you that the lawyer is looking to maximize your ROI and not just the law firm’s.
Experience Decides Where to Spend Time
The best trial lawyers know how cases unfold and when to push or pivot. They don’t stall. They don’t posture. And they don’t drag you to the eve of trial unless there’s a clear advantage to doing so. If your lawyer can’t point to decision points where the case might be resolved—motion to dismiss, mediation, settlement windows—they’re reacting instead of leading.
The Delay Game Works Against You
Sometimes an opposing party in a lawsuit can seem disorganized or unresponsive in their litigation activities. When this happens, it often means the opposing party lacks the resources, the desire, or the grounds to fight the litigation successfully. If your lawyer picks up on this and presses your claims when the other side is floundering, it can lead to early resolution. On the other hand, if your lawyer fails to pick up on this and fails to press your advantages, taking a “wait and see” approach can cost you early resolution opportunities and allow the other side to stay alive in the litigation longer than they should.
Some delays may be inevitable in litigation, but if your case is not moving forward because your lawyer has decided a slow pace is OK, make sure you get an explanation as to why that slow pace is to your best advantage.
Not Every Case Warrants a Lawyer
If you’re looking to recover $3,000 in litigation that is going to cost you $10,000 in legal fees, the math doesn’t work. It’s that simple. A good attorney won’t pretend otherwise.
In these situations, it can help to talk with a lawyer to get professional input without paying for a full-service lawsuit. Maybe you can pursue a small claims lawsuit on your own that will get the job done, or maybe you can identify creative ways to resolve the dispute without litigation at all. When our law firm offers consultations, we always explain how we would be handling the matter, whether we are representing the client or not. This type of advice often allows the client to resolve the matter on their own after being armed with the knowledge we are able to provide.
Efficiency Is the Hallmark of Real Litigation Experience
Lawyers with extensive litigation experience don’t need to overthink every step in the process because they’ve been there before. Experience teaches lawyers how cases typically land, how to reuse effective pleadings and arguments from prior cases, and how to use the best tools to be the most efficient along the way. In today’s litigation practice, if your lawyer is not using specialized tools like, AI, document creation software, and templated motions, then they are probably costing you money.
Efficiencies and inefficiencies are always reflected in hourly billings. If your invoice doesn’t look like the result of good systems and smart time management, ask questions.
Don’t Be Afraid to Compare
Legal strategy isn’t one-size-fits-all. Two attorneys might look at the same case and see completely different paths. That’s why a second opinion matters.
If you’re unsure about your current plan (or lack one) get another perspective. Especially before major decisions like hiring experts, scheduling depositions, or committing to trial prep, knowing that you are working with experienced counsel who are not going to spend money for no reason is essential.
Get a Second Opinion That’s Worth It
We know your time is valuable. The sooner your case is resolved, the better it is for everyone. Call Dillon Grube Law at 608-373-5560. We’ll tell you if the case is moving forward or just moving the meter.
Dillon Grube
