As discussed in a previous post, pursuing litigation is one of the hardest decisions a company’s executives and inside counsel ever make. Then comes probably the second most difficult decision: choosing a lead trial counsel and trusting them to present a case in a way that is aligned with company goals and priorities. After all, this individual will be the face of the company seen by the judge, jury, and even the general public if the case garners media attention. That lawyer also will be a key source of information for the company as the case progresses in terms of how it is proceeding, where the company stands, and the likelihood of a win. It is important, therefore, to choose a trial counsel based not only on experience, but also how they will work with company executives and in-house counsel throughout the case.
These are some avenues company executives and in-house counsel often pursue to ensure the lead trial lawyer they have chosen handles the case with the business’s best interests top of mind.