Litigation
The Cost of Delay in Commercial Disputes
Most commercial claims lose more value to time than to any adverse finding.
Clients reasonably ask what a dispute will cost. The harder question is what the delay will cost — in management attention, in counterparty relationships, and in the deterioration of evidence.
A disciplined early assessment answers four questions: what can be proved, what can be recovered, from whom, and by when. Where the honest answer to recovery is uncertain, the strategy should shift toward resolution rather than vindication.
This is not a counsel of surrender. Early assessment strengthens negotiating position precisely because it is grounded. A party who knows its own case is the party best placed to insist on terms.
We prepare a written merits and recovery assessment at the outset of every contentious engagement, and we revisit it at each material stage.
This article is general commentary and does not constitute legal advice. No attorney-client relationship arises from reading it. Advice on a specific matter should be sought before acting.