Estate Planning

Playing to Win

By Hull and Hull LLP

It is a simple fact that the vast majority of litigation settles before trial.  Yet as litigation practitioners, we learn early on (notwithstanding these statistics) to approach each new case as though it is likely to go to trial.  We therefore build a case always mindful that the threat of a successful result at trial may be what is required to procure the most advantageous settlement for the client.

But some cases are simply destined to go to trial.  And when they do, the right mindset is required to win.  I once received the following advice: "You will perform best if you do two things. First, do not ever entertain the possibility that you will lose. This does not mean that you adopt an irrational approach or ignore the way things are unfolding.  Rather, when you are an Olympian going for Gold, you must never allow your mind to entertain or dwell on the possibility of earning anything less. That's not the way it's done. Secondly, do not worry now about the aftermath of a loss should it occur. If you do you will be paying interest on a debt before it is due."

Many books have been written on what can generally be called "the power of positive thinking."  While such an approach alone will not win a difficult case, better to have given it your best shot then to have focused on the risk of losing.

David Morgan Smith

Full post as published by Toronto Estate Law Blog on June 07, 2010 (boomark / email).