At Kupfer & Associates our philosophy towards litigation and arbitration is simple: we can pursue a case as aggressively as a client prefers. It is crucial for a client to have attorneys who are not afraid to take a case through to trial or arbitration but are in tune with client’s desired outcome, budget and chances of success. In fact, we believe that no fair resolution can be achieved unless we know the client’s bottom line goals and litigation tolerance. This knowledge provides the strength from which all successful negotiations develop.

Despite our willingness to aggressively pursue a matter to the end, as counselors with business owner mentalities, we encourage clients to consider a cost-benefit assessment of the time, effort and expense involved in pursuing a dispute. The overall impact on their corporate and personal well-being must also be taken into account.

• How long might the dispute carry on?
• What impact will it have on operations as staff members need to take time away from their work to comply with requests for historical records, or when personnel are required to be deposed or give testimony at trial?
• Will word of the dispute affect your dealings with current or future business suppliers, customers, or partners in your industry?
• What will the personal emotional toll be on the business owners and their families and employees?

Beyond the strict dollar cost of litigation, there can be a huge opportunity cost to a business when it causes a loss of focus on the income generating activities for which the business exists. On the other hand, it is sometimes important to litigate a matter aggressively, for example, to retain or gain a competitive advantage, assure that a company does not get the reputation of being weak and easy to take advantage of or not to set a precedent as a company that will easily settle to avoid the nuisance of litigation.

Ultimately the decision is always in the hands of the client, but our role as counselor and advisor goes beyond that of a hired litigator. By considering the overall impact on a client’s business, we want to insure that their best interests are served, not simply that another case is won.

We handle litigation through our relationship with various litigators who are of-counsel to the firm. This allows us to choose the litigator best suited for the client’s particular matter.

We invite you to contact our attorneys to learn more about how Kupfer & Associates can support you when legal disputes arise.