What This Blog is About

We would like to think that businesses or people that have been wronged and cannot work out their differences can, as a rule, seek redress in the courts and be made whole. We would also like to think that, if a business finds that someone is coming after it in court based on a claim that has no merit, it can defend itself and expect meaningful vindication.

The cost of litigation often puts a party or potential party in a position where even a win is an economic loss. This can lead you to just absorb expensive losses instead of going to court, or to settle meritorious claims for too little—all based on the economics that come into play because of the cost of litigation.

The problem is exasperated when litigation costs are used as a weapon by the better healed party against a party less able to absorb them. How long can a business with revenues of $10 million a year pursue a contract case for $200,000 against a company ten times its size that is willing to fight a war of attrition?

Many people have thought long and hard about this question for many years. This blog sets out snippets of what attorneys and potential litigants may want to consider when trying to solve the problem of litigation costs. It will be weighted toward mechanisms by which the prevailing litigant can recover litigation costs, so as to make prevailing worth the cost.


The information contained in this blog is not legal advice and should not be relied on as such. For legal advice or answers to specific questions, please contact the blog's author.