Scottsdale, AZ commercial litigation attorney Daryl Williams shares the advice he repeatedly gives to his clients. He explains that there are three figures of speech that I employ at the very beginning of a case, the only time I allow myself to be philosophical about litigation. Upon being hired, my focus shifts entirely to delivering a blow to the opposing side and securing a victory. However, at the inception of the case, I address my clients by saying, “This is not akin to your ninth-grade civics class, where truth and justice prevail. If you seek truth and justice, you go to church. But if you want to win or lose, you go to the courtroom.”

It’s crucial to remember that justice in the courtroom is not a delicate process akin to a surgeon in sterile scrubs skillfully removing necrotic tissue and suturing wounds to restore health. Instead, it resembles a blunt meat cleaver striking forcefully in the midst of the forest. To truly comprehend the justice rendered by judges and juries, one must step back and observe from a distance, as there is an unpredictable element to litigation.

This understanding becomes critical when estimating the cost of litigation. When asked to provide an estimate, I cannot provide an accurate answer. Once you are entangled in a lawsuit and have grabbed hold of the tiger’s tail, it takes off running. You must hold on tightly, or the tiger will turn around and consume you, causing financial losses. You have no control over its path, the motions it will file, the discovery it will pursue, the depositions it will take, or the emotional toll it will exact on your life. You must remain resilient and endure the burdensome costs.

Through my experience, I have found that most clients, even those like Mr. Ken Tate, who discovered oil for Mobile in Libya, did not desire litigation. They were forced into it and had no choice. That’s when you fight—not to prove a point like Exxon Mobil did, but only when you are compelled or when the other side has taken advantage of you to such an extent that you have a strong case and can endure the financial and emotional costs that come with it.

Therefore, exercise careful judgment when deciding to unleash me and engage in the fight. But once that decision is made, rest assured that I will strive to secure victory in your case.