How to Make Your Case When Your Opponent has More Resources
Litigation is like a chess match as it involves planning, strategy, and adjustment
Lawsuits of any kind are expensive. Lawyers cost money and so do other professionals, including investigators, process servers, experts, and court reporters (transcriptionists). Very few people have unlimited resources for litigation so that “money is no object.” For most individuals, the prospect of hiring a lawyer means using savings that were intended for something else, diverting discretionary income towards legal fees, and even borrowing money from family members.
In many cases, one side has significantly more money than the other. The litigant with less access to cash may feel that they have no chance at success. However, there are ways to marshal resources and remain active in a lawsuit even when you are facing a wealthy opponent.
Find a lawyer who is a specialist in the area of law that the lawsuit is in and interview them. Ask them about their practices and procedures. The lawyer that has the lowest rate may not be your best option. You need a lawyer who has their own in-firm resources that make them streamlined and efficient. Such lawyers may have higher rates, but they have cost-saving attributes that allow you to manage your limited resources.
Do your own research and listen to your lawyer about the potential outcomes from trial for your type of case. If your lawyer tells you something that does not ring true with what you have read, ask them about it. Part of their job is to explain their view of your case.
Make a realistic assessment based on your research and your lawyer’s advice about what is a likely, foreseeable, big picture outcome for your situation.
Determine the admissible evidence that you will need to make your best presentation designed to achieve your best outcome. This includes a list of witnesses, their names, phone numbers, email addresses, and mailing addresses, together with a list of documents and any other information that supports your claims. Gather all the documents and information that you have in your possession. If you leave this for your lawyer to do, your legal fees will skyrocket. For all other documents and information that you do not possess, make a list of where the information is and who it is with so your lawyer can issue subpoenas.
There are things you should not do when the other side has vastly more money than you:
Do not react to everything they say and do. They have the ability to spend money on side issues to try to distract you. If they decide to depose 30 people, you don’t necessarily need to do the same thing. Stay focused on your big picture outcome and your plan to get there.
Do not hide your evidence. Discovery can take on a life of its own if you let it and have enormous costs that add little value to the case. Keep your information organized, make sure your lawyer has it all, and make sure your lawyer is sharing it with opposing counsel.
Do not spin your wheels trying to settle. Make a reasonable settlement offer before mediation, then give mediation your best shot. If the other side has millions of dollars, they may not be afraid of the expense of trial, so they may be very unreasonable in negotiations and make outlandish settlement offers.
