Less than 3% of all cases filed in court ever get to trial because the cost to get there is often prohibitive. This means that the optimal business result is almost always to arrive at a solution as early as possible.
The traditional approach to litigation is to complete discovery of documents and examinations for discovery (depositions in the US) before engaging in serious settlement negotiations. The problem with the traditional approach is that it is predictable and expensive.
Hiring a lawyer or attorney should not feel like handing over a blank cheque. Every commercial dispute should be approached from an economic perspective, and should be analyzed for total costs, likely results, risks and time before any decision is taken to proceed.
Commercial disputes are business problems to be solved, not just cases to be won, and litigation tools are only one set of options. A multi-disciplinary approach focusing on early resolution, combining legal strategy with business strategy and with rigorous financial analysis, can lead to solutions of even the most difficult problems at a cost that is proportional to what is at stake.
Robbie began his career as a prosecutor, and has tried hundreds of cases. In commercial litigation he has experience with:
- shareholder, partnership and sale of business disputes
- fraud and Mareva injunctions
- commercial leasing disputes
- franchise disputes
- product liability: warranty, fitness, and wrongful death
- fundamental breach and contractual limitations of liability
- debt collection
- international jurisdiction and forum conveniens
- joint ventures
- application of family law to businesses and other non-family members
- engineering disputes and industrial accidents
The secret of great litigators is that a case is almost always about the facts, not the law—if a lawyer can find an effective way to make a client’s case into a compelling story that is on the side of justice, there is probably a way to find a basis in the law to frame a winning claim.
Selected judgments and publications: