Open-File Litigation

Open-File Litigation -- Lee Legal -- DC VA MD

At Lee Legal, we employ an open-file litigation style. We believe the point of litigation should be to discover the truth. That maxim holds whether the case is settled, arbitrated, or tried by judge or jury.

Open-File Litigation -- Lee Legal -- DC VA MD

It also means that if there’s a relevant fact or precedent, we don’t hesitate to share it with counterparties. Our clients have nothing to hide. That can’t be said for many of our opposing litigants. Our clients want their cases to come to a timely resolution. While you can’t rush litigation, opposing sides in litigation can take steps to move the case along.

Open-file litigation resolves disputes sooner

Sharing information allows litigants to discover the truth more quickly. Ignoring adverse facts or law early in a case can prove expensive or even fatal to your case.

We ask our clients the tough questions, and we expect complete and truthful answers. No litigant enjoys surprise revelations during deposition. You must trust your attorney to make disclosures on your behalf. We keep our clients’ objectives in mind at every step of litigation.

Everyone has secrets

Open-file litigation doesn’t mean that we give away our clients’ secrets. Instead, we have no problem disabusing opposing counsel of any incorrect assumptions they may have about the case. The tactic of allowing a counterparty to operate on false assumptions rarely finds utility in any individual case. It is usually better to set the record straight, as early in the litigation as possible. Consistency is important.

Attorney-client privilege

Despite what you may have heard, the attorney-client privilege is not dead. It is entirely possible to be completely transparent and yet advance your own interests at the same time. If the open-file litigation model appeals to you, call our office for a free consultation.

About Brian V. Lee 471 Articles
Brian V. Lee provides bankruptcy, foreclosure defense, business turnaround, and litigation services to clients in the District of Columbia, Virginia, and Maryland. Brian was the Washington, D.C. state chair of the National Association of Consumer Bankruptcy Attorneys from 2016 to 2018.