A great litigation lawyer in Florida is one part business advisor and two parts litigator. What does this mean? I’ll start with the saying that “to a hammer, everything is a nail.” There are litigators who are expert “lawsuit mechanics.” There are others who are able to survey a much broader landscape for their clients and help them make decisions that are best for their clients. Because the problem is that one risk of litigation itself comes down to: huge costs. There may be good reasons to incur them, but an excellent litigation lawyer in Florida will help you assess that. You won’t just run after smacking nails.
When talking about litigation, I don’t just mean a lawsuit. It’s all that comes along with it: the exposure to a counterclaim (being sued in return), impact on your business, public perception, impact on referral sources, reputation. It includes an assessment of all the costs as well–expert witnesses, court costs, the lack of insurance coverage, the impact on your insurance premiums if an insurance claim is made, the impact on any personal or professional funding you might be seeking (which might be declined in the face of a pending lawsuit). Understanding a lawsuit includes understanding the entire landscape in which it arises and all the impact (direct and indirect) that such a thing has. And only an expert litigation lawyer in Florida can help you navigate that.
Two things are clear when it comes to litigation: first, “making a statement” by filing a lawsuit is for wealthy people. Second, you have to have an extremely smart financial reason to file one. It has to make business sense. It makes no sense, for instance, to spend $50K on a lawsuit when there is no financial damage to be awarded (if you win!).
We regularly hear from business people that “it’s the right thing to do” for some principled reason. But when we ask about the economic damages that instigate the lawsuit, we have to be convinced that the client has a reasonable expectation of having made a good financial investment. The cost of the litigation has to be far less than the financial value of having filed it.
Any experienced litigation lawyer in Florida will understand the mechanics of a lawsuit, but only some will be able to help you assess whether filing a lawsuit is in your best interest. Understanding your business, where you’re going, whether there is an actual threat to your business that justifies the expense and also having the character to tell you flat out that filing suit is a bad business decision are skills that the best litigation lawyers in Florida have.
Many people think hiring a litigation lawyer in Florida is best reserved for the moment one decides to go to battle in court. But this is not strategic thinking or accurate. Hiring a litigation lawyer in Florida should be a strategic move to avoid a problem, ideally not a reactive move to resolve a blow up. In fact a seasoned litigation lawyer in Florida will allow a client to position their dispute in the best possible way and perhaps even avoid litigation altogether! The key is timing: hire early, resolve quickly.
The trouble with litigation is the number of things that are out of one’s control, particularly cost. To the client, it can look at times that the case best serves the lawyer’s interest. But a very experienced litigation lawyer in Florida will have the breadth of experience to do two very important things: (1) assess and perhaps avoid a problem before it blows up and winds up in court, and (2) identify key pressure points that are designed to resolve disputes as quickly and effectively as possible.
This is especially true in cases involving healthcare professionals and healthcare businesses. Given the uniqueness of these sorts of clients, the extensive regulation in particular, a seasoned healthcare litigation lawyer in Florida has a unique advantage. Having an in depth knowledge, for instance, of patient privacy laws, improper billing issues, licensure, the impact of payer relationships and such allows a litigation lawyer in Florida to be extremely effective in resolving conflict. Even more, finding a seasoned litigation lawyer in Florida who is also a healthcare specialist is a cost effective choice, because of the savings involved in acquiring that lawyer’s insider knowledge of the operational, business and healthcare regulatory issues.
Litigation in any venue is a stressful thing for clients. But for the seasoned litigation lawyer in Florida, the one who has “been there; done that,” there is perhaps no better or more effective tool in resolving serious disputes.