Whether
you
are
on
the
plaintiff
or
defense
side,
you
have
an
obligation
continually
to
advance
your
case.
I’m
surprised
how
often
lawyers
allow
their
cases
to
languish,
to
the
detriment
of
their
clients.
At
the
beginning
of
each
case,
you
need
to
define
a
win
with
your
client,
whether
the
plaintiff
or
defendant,
develop
a
plan
to
achieve
your
goals,
define
the
action
steps
for
each
goal,
and
do
the
daily
hard
work
and
grind
to
accomplish
those
tasks.
There
is
no
stasis
in
litigation.
If
you’re
not
winning,
you’re
losing,
and
if
you’re
not
gaining
ground,
you’re
giving
up
ground.
Propound
written
discovery
as
soon
as
you
can.
Draft
interrogatories,
requests
for
production,
and
requests
for
admission.
Determine
which
third
parties
have
records
and
seek
those
as
quickly
as
possible.
Evaluate
which
experts
you
need
and
involve
them
early.
Figure
out
whom
to
depose
and
schedule
their
depositions.
Use
the
first
30
days
of
the
case
to
set
in
motion
everything
you
need
to
secure
the
client’s
approved
goals.
Sometimes
we
delay
because
we’re
busy
or
we
want
to
save
the
client
money.
If
you’re
personally
too
busy,
get
others
to
help.
And
explain
to
the
client
why
the
first
bill
or
two
may
be
significant
because
of
the
work
that
is
necessary
to
pursue
and
the
tasks
that
need
to
be
completed.
Delaying
action
to
save
money
often
costs
more
money
in
the
long
run.
A
planned,
robust,
up-front
approach
has
frequently
resulted
in
early
resolutions.
An
initial
conversation
with
the
client
to
discuss
goals,
expectations,
preferred
outcomes,
costs,
and
approaches
helps
your
team
orient
and
ensures
everyone
is
on
the
same
page.
Lack
of
communication
and
misunderstandings
are
common
causes
of
client
disputes
and
can
cause
headaches
for
everyone
involved.
Creating
a
case
plan
through
trial
(knowing
most
cases
settle)
with
the
client,
with
an
explanation
and
discussion
of
workflows,
decision
trees,
checklists,
and
costs,
helps
everyone
evaluate
the
best
approach
to
the
case.
When
a
client
understands
the
undertaking
and
price
tag
for
a
case,
they
may
decide
on
a
different
approach
or
resolution.
It’s
easy
to
plow
into
a
case,
do
the
standard
fare
folks
do,
and
figure
out
the
case
as
you
go.
I
see
this
too
often,
and
it
rarely
works.
My
best
results
came
in
matters
where
opposing
counsel
had
little
to
no
plan
and
were
only
focused
on
the
task
at
hand.
We
wouldn’t
build
a
house
without
a
plan.
We
wouldn’t
start
a
business
without
a
plan.
You
shouldn’t
handle
a
case
without
a
plan.
Most
lawyers
handle
a
limited
number
of
case
types.
If
this
is
you,
prepare
a
default
case
outline
and
action
plan
for
each
case
type,
and
use
them
as
a
jumping-off
point
each
time
you
start
a
new
case.
Starting
each
case
with
a
client-approved
plan
(which
will
undoubtedly
evolve
over
the
course
of
the
case)
ensures
a
well-reasoned
approach
where
everyone
is
on
the
same
page.
To
resolve
a
case
on
your
terms
—on
favorable
terms
—
you
need
to
be
proactive,
push
your
case
forward,
and
work
your
plan.
This
approach
will
yield
the
best
results
for
your
client.
Frank
Ramos
is
a
partner
at
Goldberg
Segalla
in
Miami,
where
he
practices
commercial
litigation,
products,
and
catastrophic
personal
injury. You
can
follow
him
on LinkedIn,
where
he
has
about
80,000
followers.