By Brian Malcom

One thing I have learned is that litigation is hard work when done well.  Sure, you can let cases trot along at their own pace and cross your fingers that things work out in the end.  Or, you can take a case by the reins and steer it towards victory.  You may cross the finish line either way, but your chances and time will be a lot better if you take the latter approach.

Sometimes litigation can drag on for years.  Sometimes it comes with a fury.  What do you do when litigation ramps up?  Here are some tips for young litigation attorneys:

1)  Get organized.  Do this as soon as possible and especially when things are slow.  When the fur starts to fly, you won't have time to hunt for a discovery document in a pile of 50 boxes.  If you have a paralegal, keep him involved from the very beginning.  You may not think you need one in the beginning, but both you and the paralegal will be grateful that the file is organized in a way that allows the paralegal to perform his duties.  There is nothing worse than trying to organize a file at the last minute.

2)  Preserve all records.  You never know when that January 3, 2006 letter may come in handy.  Sure the letter seemed innocuous enough at the time; but in litigation disputes are born of innocent transmittals and such.

3)  Know your case and file.  Learn the file and review the materials as it grows.  If you try to search for a needle in a haystack once the file reaches critical mass, you may never find it.  Familiarity with your file and with the case will help you litigate and locate more effectively.

4)  Learn your opponent.  Litigation is situational, circular, and predictably unpredictable.  Confused?  Try to anticipate your opponent's next move and begin preparing today.  What would you do in her situation?  Better yet, what is she going to do (based on her patterns and habits) in her situation.  Sometimes the extra step you gain by anticipating what's coming can mean the difference between a win and a loss.  If you're wrong about your guess this time, store your work.  Most likely, that issue will come up somewhere in the life of the case.

5)  Build a team.  Sometimes the team on a case makes all the difference.  Not all cases will require a team of lawyers, but learn to recognize the ones that do.  If you see a team forming, jump in and begin contributing.  The goal is to learn from your experienced colleagues in the trenches and to earn their respect by fighting alongside.

Don't forget to take care of yourself during litigation.  An unhealthy lawyer is far less helpful and effective than a healthy lawyer.