Level Setting

As I've grown as a litigator--and taken on more client-facing roles--setting and managing expectations has been a constant lesson.

It is crucial to do this from the jump. Otherwise, misconceptions about the process abound and lead to frustration (to put it nicely).

Here's the reality: litigation is often more expensive, slower, and more disruptive than clients anticipate--and than clients like. It is intrusive and the opposite of fun.

So, it is vital to have conversations around this--honest and candid conversations--from the outset. This includes:

📞 discussing costs--a proposed and phased budget is helpful.

📞 addressing the timeline--estimating how long it'll take and when certain things will occur.

📞 outlining how and when you will communicate with the client--and aligning with their communication preferences.

📞 explaining the types of information (verbal, narrative, and documentary) that the client will have to share--with you, their counsel, and with the other side and even with the court.

Focus on clear communication and follow up with a written summary of the discussion--create a paper trail every step of the way.

This builds trust and cooperation, while reducing frustration and surprise.

Litigation can be unpredictable, so couch all discussion with that caveat, but better to set the right expectations upfront, as a foundation to the relationship.

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