In the 1980s blockbuster film, Wargames, we learned that no one "wins" a nuclear war. The lesson never translated to the world of litigation where far too many lawyers still believe that to convey toughness, every conflict needs to "go nuclear." But smart tacticians know there is more to winning than simply the opposition's losing.
Our vision for successful litigation is different. We believe in the end-game strategy, one that evaluates costs and benefits, where winning is determined by our success, not just mutually assured destruction.
You can't get to your end-game without a few skirmishes.
We fight in the courts. We fight in arbitration. We fight before the administrative agencies. Sometimes a lawsuit has to go to trial in order to get resolved. We do that too.
The firm is pleased to report that in a hard fought matter spanning eight years, after a trial, and after four years on appeal, the California Court of Appeal ruled in favor of Tong Robbins’ clients, holding, in plain language, “We agree with plaintiffs.”
Much litigation is consumed in discovery, the formal process of asking questions and obtaining answers. Discovery responses are required to be code compliant, i.e. in accord with the provisions of the California Discovery Act. Failure to make code compliant responses is an easy way for a respondent to lose a discovery motion; and demanding code compliance is an easy way for the propounding party to win.
Sometimes after a plaintiff has lost a particularly acrimonious action the defendant will sue back, arguing that the original lawsuit was frivolous, brought in bad faith, malicious, or otherwise improper. In this second action, the former plaintiff (now defendant) will typically defend by arguing that she did nothing wrong; she was simply following her attorney’s advice. This is not the Nuremberg defense. It is known as the “advice of counsel” affirmative defense.
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