The attorneys in Johnston Clem Gifford’s litigation group serve clients across the country, handling complex commercial matters for public companies, including those among the Fortune 500, as well as complicated business matters for middle-market, closely held, and family businesses.
Our attorneys are not just litigators but trial lawyers. We have won cases before judges, juries, administrative bodies, and arbitrators. We also have extensive appellate experience, prevailing before numerous state and federal appeals courts.
The Proven Method
While most disputes end in settlement, or after dispositive motion briefing, our firm prepares each case for trial by using our proven method. From start to finish, our method ensures that the client’s objectives direct the litigation strategy.
- Triage. Our lawyers work with a sense of urgency. When we accept a new assignment, we immediately assess the client’s objectives and timing requirements. That assessment drives staffing and budgeting decisions, made with the client’s participation.
- Deep Dive. Next, we perform a deep dive into the case facts, collecting documents and information from the client and from private sources. The firm’s analytical tools provide intelligence that can inform case strategy—including data on adversaries, opposing counsel, judges, and forums. The firm then performs a “360 Review” of the known facts. The lead litigators present the case to firm lawyers from other disciplines, soliciting alternate perspectives and advice on strategy. Lawyers not assigned to the case do not charge clients for participation in this step.
- Master the Story. The art of trial is the art of persuasion, and our lawyers understand that judges and juries are persuaded by stories, not by strategies. At this stage, the litigators work to shape the facts into a persuasive narrative—matching issues with evidence to support the case.
- Identify Creative Options. Once we understand the empirical data and the story that the case presents, we identify the available legal options and work with the client to align the options with the objectives.
- Execute/Pulsing. Finally, we begin executing the strategy. We provide the service—offensive or defensive litigation or other dispute management—with a deep understanding of the challenges and opportunities. The “pulsing” refers to the continuous feedback loop with our clients, ensuring that our litigation activities remain aligned with the client’s objectives.
This process ensures that our lawyers are more prepared than our adversaries. Time after time, after mediations, hearings, and trials, we receive praise for the meticulous preparation that puts our clients in the best position to succeed.