That’s a great question. We can offer a number of observations. First is the tendency to panic over a significant lawsuit. We well-understand our clients’ fears, nevertheless most lawsuits do end up without major loss to the client. Again, much of our role is to play psychologist and calm our clients’ worries. Of course, we can more effectively do this only if we had protected his or her assets.
The second common error is to spend too much on legal fees to defend the case. A successful outcome depends on minimizing your legal fees. Few clients manage their lawyer’s fees properly.
Thirdly, is the failure of the client – and his attorney – to make certain the client’s assets are well-protected – and to use that protection as a lever to favorably settle the case before the legal fees mount.
We suppose the axiom is true that “once you are sued you automatically lose”. So the fourth error is the failure to quash conflicts before they become full-blown lawsuits. Then, only the lawyers win.
