Indianapolis Litigation

        War at its best is barbarism.

Every attempt to make war easy and safe will result in humiliation and disaster.

                                    --William Tecumseh Sherman

Though he said these words nearly a century and a half ago, General Sherman’s comments apply equally well to litigation, including the world of business law, technology law, SaaS law, and probate law.  Litigation is a serious business, not something to be undertaken lightly.  And it is often expensive – regardless of who has so-called “right” on their side because, just as in warfare, both sides often express to being on the “right” side.

Just like warfare, there is an element of risk and chance in litigation.  Further, litigation can entail subterfuge and trying to pscyh out the opposing party.  Sometimes you can achieve victory by making your opponent think that Point A is your objective so that when he or she marshals all of their forces in defense around that position, you pop up over at Point B.  General Sherman employed this same tactic in his march to the sea, and it can be just as effective in litigation.

You might wonder why litigation seems to be much ado about nothing at times, why a large amount of energy, time and money is spent sweating over details.  The reason is that the minutiae should not be underestimated.  Those of us who are litigators in business law, technology law, SaaS law, and probate law don’t engage in these skirmishes simply because we want to or love to (though admittedly this might be true for some); we do it because in order to fully represent you our clients we HAVE to do so.  We know that the little details can make or break a case, and we know that those fights over the placement of a comma or definition of a word, though long and tedious, can help stave off those future battles or wars – or at least give you the advantage of the high ground from which to pounce on your opponent later on.

Just like warfare, fairness has nothing to do with it.  If you want to be involved in a lawsuit, you have to be willing to go the distance, and no matter how tiring you have to keep your eye on your objective.  It’s a marathon, not a sprint, and you have to be ready for the long haul.  If litigation were easy, you wouldn’t be in a lawsuit in the first place; you could sort out your differences over a couple of beers.  But sadly that’s often not the case.  It takes money, time, and even frustration to flesh out a resolution.  Someone, and probably both sides, will probably bleed before it is over.

At Alerding Castor Hewitt LLP, we are ready and willing to go that distance with you, but the process works best if you are prepared to make that journey and are prepared for the cost and risk.  If you stumble during a battle, get back up and remember that it’s warfare and that we will be there for you in those trenches.