Assisting Clients with Relationship Management During COVID

Contract disputes are expected to rise dramatically during and after COVID, causing disruptions across entire industries. How should commercial attorneys manage this in a way that helps clients, without overburdening a shrinking resource pool?

Bloomberg Law suggests three main ways lawyers can strategize with clients to stay ahead of issues that might lead to litigation. The first pertains to contract inventory. Reviewing contract inventory—particularly those contracts that seem fine at present—is a proactive way to stay ahead of the curve. A review allows lawyers and clients to identify impending risks and manage them before they turn into problems. This might include preparing for global supply issues, mitigating potential contract breaches before they occur, or looking at underwriting as a way to protect against future litigation.

Next is the use of litigation as a tool for better business, as opposed to simply solving existing disputes. As litigation partner Jonathan Polak told Legalist, litigation can be a tool to force a business transaction. Seeing litigation as necessary to business rather than a sign of dispute or animus can help keep relationships from disintegrating in the face of legal action.

Finally, there’s the issue of cost management in the long-term. It’s essential that clients make informed decisions about their cases, including understanding the long-term financial implications of pursuing litigation. When lawyers and clients work together to manage costs, solutions are more lasting and effective.

Accomplishing this might include assessing financial pitfalls or finding solutions like alternative financing options, contingency contracts, or the use of Litigation Finance to make up for financial shortfalls. Ultimately, when attorneys work with clients to stave off problems before they occur, it improves lawyer-client relations, not to mention business relationships across the board.