An impartial assessment of the chances and risks is the be-all and end-all of a procedure. How good is the evidence? How credible are the witnesses? How much will all this cost? Where is the legal situation clear, and where does the judge have considerable discretion? The mutual information gap between lawyer and client is enormous at the beginning of a case. A joint comprehensive discussion of the facts of the case together with the associated opportunities and risks is therefore all the more important. And the earlier, the better.
Looking beyond the horizon
Purely civil cases are rare. Questions from other areas of law and the competences of special authorities, such as unfair competition or cartel law, criminal law, or a variety of countless special laws, regularly arise in a dispute. It goes without saying that we delve into all aspects, not just the obvious. We help plaintiffs and defendants to define and implement the right overall strategy, whether civil, criminal or administrative proceedings. This includes securing and enforcing claims in compulsory enforcement proceedings.
Communication: The court of public opinion
Court proceedings often represent a reputational risk for a company and require an appropriate communication strategy. We provide comprehensive advice in conflict situations and include not only all legal options but also the public perception of the client in the strategy. We regularly work with communication experts and ensure that you and your company are prepared for a media storm outside the courtroom.
The cost implications: Winning at all costs?
What is the benefit of a victory that deprives a client of their economic livelihood and ultimately amounts to a defeat? Sustainable litigation results can be unachievable unless the overall economic situation of the client is considered. We attach great importance to cost-efficient advice ensuring that necessary provisions are made and that sensible options for litigation financing are exhausted.
Alternative dispute resolution: Everything but going to court
A dispute does not necessarily have to end up before a state judge. Methods of alternative dispute resolution such as mediation, national or international arbitration or mixed forms (MedArb) open up more cost-effective, faster or other better tailored ways of settling a dispute to meet the specific needs of all parties. In the event of a conflict, advice begins way in advance of reaching court to ensure the right path is taken to resolve the dispute. In this way costly court disputes can often be avoided.
Mediation: Helping people to help themselves
We practise dispute resolution through mediation in addition to the perspective of the advising lawyer. Our partners Alexander Rabian, Rolf Herter and Christoph Wildhaber not only accompany and support our clients in mediation proceedings, they also regularly act as mediators themselves and help each involved party to find an out-of-court settlement within the structured framework of mediation.