Why would you want a litigator and counselor who has dedicated his professional life to resolving disputes, and not just fighting over them? Someone who works with judges, other lawyers, and the academic community to institute better, more efficient and creative means of getting to a resolution, regardless of whether the resolution is a ruling, a verdict or an agreement? Who writes about these subjects, is invited to speak about them, and leads committees of the bench and bar that explore them? Who has seen from the unusual vantage point of looking over their shoulder how dozens of the nation’s most prestigious law firms actually do litigate their cases (both for better and worse)?
Because this experience matters. A litigator who appreciates the many approaches to dispute resolution and the many ways in which firms have (for good or ill) sought to resolve disputes is a problem solver who draws from a large toolkit to get to results that meets a client’s needs.
Too often this does not happen. Disputes, whether in court, arbitration, mediation or negotiation, bog down. Parties waste time and money on disputes that do not matter and miss opportunities to take advantage of better options to resolve the disputes that matter fairly and efficiently.