Small and large companies make tough decisions to “bet-the-company litigation” in prosecuting and defending themselves in high-stakes litigation. However, those executives who “bet the career” in mounting a defense are less discussed. These executives are collateral damage in the messy world of complex litigation—to the individual, fighting for one’s career often means putting it all on the line in litigation.
Nexsen Pruet recently worked with a corporate executive to resolve a workplace dispute. While the dispute was less complicated than claims that arose from securities or intellectual property disputes, it was an emotionally driven dispute that threatened the career and reputation of the client. Discovery, in this case, exposed weaknesses for all parties, showing that both sides would be extremely vulnerable in the hands of a jury. This discovery ultimately produced the “smoking guns” that pushed the case toward settlement before trial. The client was not afraid to litigate and wanted to litigate to protect his reputation and see justice prevail. However, from the day Nexsen Pruet was hired, we knew a public trial was not in his best interest. The ultimate goal was transparency, an out-of-court settlement, and the ability to save his career.
If you find your career in hot water because of high-stakes litigation, you should consider these strategies:
Trust. When an individual hires an attorney, particularly in high-profile, high-stakes litigation, the client puts a career in the lawyer’s hands. Litigation brings hard-charging moments requiring aggressive decisions. However, there are other situations where standing in the background is in the client’s best interest. Individuals are often too attached to the matter to make key strategic decisions. This is when trust in counsel is paramount. A strong attorney-client relationship will endure difficult litigation because it will be a team effort to resolve the dispute effectively.
Tunnel Vision v. Big Picture. In many pieces of litigation, the dispute is laser-focused on a specific issue and a finite period. However, a trial rarely follows a narrow blueprint in assessing risks versus rewards in proceeding to trial. Landmines and surprises tend to creep in. In many cases, a client’s decision to settle or testify hinges on unrelated issues that the client should not or does not care to reveal publicly. A seasoned litigator manages the litigation and the landmines. In doing that, a litigator has to recognize when events and allegations unrelated to the dispute play a significant factor in betting the client’s chances at trial.
Team Approach. The company and the executive are frequently closely aligned in high-stakes litigation, and a collaborative defense is in the executive’s best interest. However, there are even aligned stances; some defenses are exclusive to the individual. The executive must feel confident that their interests are being well represented. Hiring independent counsel who works well with the company’s counsel but is not afraid to advocate for the executive’s individual best interest will best serve the executive well.
Quiet Resolution Maybe a Win. Thanks to television, everyone wants their day in court to prove their innocence in a criminal or civil venue. However, TV portrayal is often not real life. The fallout from the real-life court can be career-ending regardless of the outcome in the courtroom. While having experienced trial counsel is necessary to protect your best interests, associating counsel with a skilled negotiator will ensure you are well covered. A favorable jury verdict may not be a victory in high-stakes litigation – even with a win, public scrutiny may leave lasting damage. Quiet resolutions are often home runs for both the company and the executive.
True Trial Experience. Even with every effort to a peaceful resolution, some disputes are destined for the courtroom. Very few attorneys are seasoned trial veterans. Today, most cases are settled out of court, which means attorneys have less and less trial experience. But if you have a dispute where your career is on the line and trial is the only viable option, you want a trial attorney who has been through the trenches by your side. An attorney who “has been there” understands the risks, rewards, and realities of litigation and is best equipped when you are betting your career in high-stakes litigation. And behind every successful trial attorney is bench strength that provides a legal “dream team.” A law firm with attorneys in specialized areas of practice, eDiscovery capabilities, public relations experts, and a network of available support will put their talents on display when you are betting on your career.
