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.