Management never wants the yellow light; know every aspect of a potential case and make sure you are able to give a go ahead or hit the brakes on litigation matters before taking your case to the leadership team. Even more important, take the necessary steps to educate your colleagues on the various aspects of your case. When considering settling, it is even more crucial to keep your management appraised.
Look at all available outcomes and outline your definition of a successful litigation with your outside counsel. Step one in this process is doing your homework on the firms that your department partners with. Your definition of successful litigation may be different with that of your newest outside counsel. Knowing who you are partnering with and setting expectations can only benefit the litigation outcome.
Knowing your judge can also go a long way in your litigation strategy—make sure you know when they’re interested or disengaged. Additionally, building a relationship with your experts will help limit any surprises on the spot.