Lawyers are hired for two primary reasons – to prevent problems and to solve problems. Many businesses consult with an attorney before entering into material contracts or relationships. The lawyer’s role is to help identify the risks and the things that may lead to litigation. No lawyer can assure that there will never be disputes or litigation, but an experienced lawyer can help you understand the risks and pitfalls. The expression: “an ounce of prevention is worth a pound of cure” is most apt. The money spent on a lawyer before entering into a transaction is generally small compared to the money that will be spent if the transaction goes bad.
Despite the best planning, businesses may find themselves in litigation. In many cases, the business is the plaintiff seeking to enforce its rights against others. Winning in Court is a solution. Generally, however, there are many other possible solutions that might be preferable to the time and expense of litigating to the end. The point is that lawyers should be prepared to litigate, but not overlook the fact that other resolutions are frequently better.