Understanding from the Start

In over a decade of experience, I have learned that one of the most important stages in a case is the intake process. It is fundamental for litigation counsel to know the client, understand the client's goals, and learn all of the important facts and evidence early on. All too often attorneys will not take the time to really think about the ins and outs of a case—and the costs to fully pursue it—before signing the client. There is a natural tendency to tell the client what they want to hear instead of what they need to hear in order to secure a retainer. However this will inevitably cause future problems in the attorney-client relationship as the reality of the facts and the strength of the case sets in.

Your Story and the Evidence

Good litigation counsel will make clear to any client that they will need to take the time to provide as much detail and documentation as possible for a proper evaluation of the case. The first part is the story or timeline of the case: who did what when. The timeline paints a picture that helps the attorney better understand the arc of a case and how it will be perceived by the opposing party, opposing counsel, and the judge or jury if the case goes to trial. It is also important that the client submit as much documentation as possible along with the timeline, which can include contracts, letters, emails, texts, invoices, statements, medical records, financial documents, and reports. Any lawyer who has been in enough trials will tell you the judge and jury are mostly interested in cold, hard evidence compared to what someone might proclaim on the witness stand—especially someone with a dog in the hunt. When faced with a classic “he-said, she-said” scenario, the credibility of the witness and attorney becomes very important.

Litigation Plan

SKS Law takes the time to thoroughly explain the litigation process for new clients, including the amount of time it will take, the costs involved, and the potential outcomes along the way. While the legal process can be complicated and confusing—even for lawyers—it does not have to be if your attorney takes the time to explain the different stages and progression of a civil lawsuit.

Once the process is understood, counsel and client can develop a litigation plan early on and stay focused on that course. Sometimes the best strategy is to spend a significant amount of time developing a case in discovery and litigating various pre-trial motions. Other times it makes more sense to try and settle early with negotiations or mediation. Either way, SKS law is committed to working each case in a thoughtful way to achieve great results.

Set It for Trial & Keep the Pressure On

Travis County and most other jurisdictions in Central Texas require the parties to coordinate with one another to set a trial date as opposed to the trial dates being automatically set by the courts after a lawsuit is filed.

This can lead to a lot of complacency and inaction by both defense and plaintiff’s counsel. Without a trial date on the horizon, the attorneys can move as fast or slow as they want while the client waits. As a defendant this might be a good thing. As a plaintiff it is most definitely a problem.

SKS Law sets trial dates relatively early in the process to force all parties and their counsel to consider the prospect of trial and also to establish important, pre-trial deadlines that will will keep the attorneys pro-active in developing the case, sorting out important issues, and looking at realistic settlement options to avoid the need for protracted litigation and trial.

Limited Cases for Better Results

Good representation requires time and persistence. There are no shortcuts to learning the evidence, researching the law, drafting legal documents, and routinely engaging the other side to press a case forward to its conclusion.

SKS Law takes a limited number of cases every year and does not run a "volume practice," where a large number of cases are taken with little attention being paid to the client or case while it sits idle in the court system. Keeping a smaller case load provides the time necessary for thorough and effective legal work.