Litigation puts a spotlight on things you can fix. Things you can fix now. The opportunities are endless–for both GCs and outside counsel–and you see them in every dispute filed.
Take a look at the last three or four complaints filed against any of your clients. Or, even better, review again that one you just received today. If you are outside counsel, or even inside counsel, and “do” litigation, you are presented with all manner of improvements and changes a good client can and should make to its operations right away.
Yes, fix it. Like now. A client problem–it will usually fall in the category of “imperfections” or “operational glitches” rather than wrongdoing or illegality–is sitting there in the complaint right now looking at you.
Now, before the next order is received, before the next shipment is made, before the next employee termination, before you execute the next license agreement, before the next disposal of that residual waste from day-to-day operations, get that problem to someone who can fix it, not litigate it.
But how many of us–outside counsel, and even GCs in litigation management and oversight–don’t say or do anything, or simply put it off, because we think it’s not part of our “litigation” job?