Most business owners strive to avoid litigation, but as a business grows, some degree of litigation becomes inevitable. At Davis, Burch & Abrams, we handle hundreds of lawsuits every year, focusing almost exclusively on mid-market businesses. Over the years, I’ve noticed a significant distinction between being “nasty” and being “classy” in litigation.
Let’s be clear—when we litigate, we are aggressive. We use every resource at our disposal to secure a win for our clients, leveraging every ethical and permissible advantage available. However, we believe that being aggressive doesn’t mean abandoning courtesy, politeness, and respect. Business litigation, in most cases, is fundamentally about money, or at least it should be. Our goal is to ensure our clients end up with the maximum financial benefit, achieved ethically and strategically.
Unfortunately, some lawyers and the clients they represent become fixated on winning for the sake of winning, even when it no longer makes financial sense. Emotions can run high, leading to poor business decisions driven by anger and obsession rather than logic and strategy.
As business litigators, our role is to help clients set aside emotions and make sound business decisions as part of their litigation strategy. When opposing counsel or parties resort to nastiness, it’s crucial for us to maintain a thick skin and sometimes simply ignore their saber-rattling.
There’s an old adage in the legal world: if the law is in your favor, pound the law; if the facts are in your favor, pound the facts; if neither is in your favor, pound your fist. Often, when I encounter a lawyer who is overly zealous, enjoys hearing themselves talk, and boasts about how our side is “going to lose,” I simply view them as a “fist-pounder.” Honestly, who cares what they think? I let them talk, usually don’t respond, and then get back to the real work—figuring out how to win in court, where it truly matters.
In summary, at Davis, Burch & Abrams, we believe in combining aggressive litigation tactics with a professional demeanor. We prioritize achieving the best financial outcomes for our clients while maintaining respect and courtesy. This approach not only sets us apart but also ensures that our clients receive the highest quality representation without unnecessary drama or emotional distractions.