Whatare your rights & obligations?
The seven most powerful words in negotiation are: “Your Honor, we are ready for trial.”
Litigation is the foundation. Without understanding litigation, “legal advice” and “negotiation” become meaningless. Think about it:
(1) The very term “legal advice” comes with an implication that the person giving the advice understands the likely fate of that advice in the courtroom.
(2) A lawyer negotiating without the ability to litigate the case being negotiated severely disadvantages his or her client. Advice given by one unfamiliar with courtroom reality is likely to be very different advice from that provided by a lawyer who has actually tried cases similar to the case being discussed.
(3) Advice that does not contemplate the possibility of litigation is a sham. Negotiations without the ability to litigate is a bluff. Life is both too short and too precious to be satisfied with sham and bluff.
Howcan we help?
“The right to sue and defend in the courts is . . . the right conservative of all other rights.” Chambers v. Baltimore & O.R. Co., 207 U.S. 142, 148 (1907)
This means, like it or not, litigation is a critical component of all other legal specialties. For this reason, trials and litigation must be central to our thinking in all the legal advice we provide. For example, a contract drafted with a view that it may one day be tested in a courtroom will look very different from a one-size-fits-all contract drafted without considering the possibility that it may end up in a courtroom. Or, a lawyer with no intention of litigating your claim will negotiate very differently on your behalf than one fully prepared to try it in front of a judge or jury.
National Travel Systems, LP v. Rod Paine
Case No. 2006-533,932 in the 237th Judicial District of Lubbock County, Texas
Successfully defended National Travel Systems, LP against a contractor’s claim for a portion of moneys National Travel Systems, LP received from the State of Texas for its work during Hurricane Katrina. Won a jury verdict for several hundred thousand dollars for the client and a take-nothing judgment against Rod Paine.
Carpet Tech, Ltd v. Horn TX, LLC
Cause No. 11-06-22648 in the 286th District Court of Hockley County, Texas
Successfully defended Mark Horn from a disproportionally large and unreasonable claim for work done by Carpet Tech. We tried the case to a jury who rendered a verdict reducing the claim to a small fraction of the plaintiff’s original demand.
National Travel Systems, LP v. Short’s Travel Management, Inc.
Cause No. 1:10-cv-567-SS in the U.S. District Court for the Western District of Texas, Austin Division.
Filed suit alleging that Short’s induced the State of Texas to enter into a contract by the use of false, misleading, and deceptive bidding practices. The filing and prosecution of this case resulted in major revisions in the contract in question, allowing our client to continue as a primary travel supplier for the State of Texas.
Roger Dale Green v. Well-Co Oil Service, Inc. and Lynmar, Inc., In the 121st District Court of Terry County, Texas; Case No. 13,556
Our client Roger Dale Green worked all his life in the oil field. He rarely missed a day of work for any reason. But after he got hurt on the job, Roger was fired from Well-Co because he filed a Workers Compensation claim. Mr. Green filed this suit for wrongful termination and tried to a jury. The jury returned a verdict of $140,000.00 in lost wages and $550,000.00 in punitive damages.