6 Tips to Help Your Firm Win Litigation Department of the Year
ALM Media
Updated
It s that time of year again even if it only comes every two years. Time to prepare that Litigation Department of the Year submission, due August 4. All through The Am Law 200, litigators and marketing departments are trying to figure out how to convince a panel of journalists that their firm s litigation department outperformed all of their rivals in a range of different, complex matters, without offending too many partners whose cases didn t get mentioned in the submission, and without going over the word limit.
We re sorry for ruining your summer.
Actually, we already know that your firm s litigators are dogged, brilliant, competitive, creative advocates for your clients. We re just asking you to show it by providing the same level of advocacy for yourselves. Here s how.
1. Tell us why each case is significant and why it s a win. Sometimes the victories are obvious. Sometimes they re not.
When we re reading submissions especially if we haven t had enough coffee that day it s not uncommon for us to scratch our heads over why a certain case was included. Why is paying out a $1 billion settlement considered a win? What was so remarkable about winning this particular summary judgment motion? What s the big deal about winning a case at trial when only $2 million was at stake?
A little context works wonders. Give us background and plenty of explanation. A $1 billion settlement looks a lot better if we know how many billions more the plaintiffs were seeking. If your summary judgment motion saved not only your client but an entire industry years of litigation, we want to know that. If you make it clear how your department s lawyers whittled down potential damages pre-trial, we ll understand better why this was such an impressive result.
2. Make sure the cases in your submission tell the story you want to tell. As judges, we re always curious to see how the cases in a firm s submission match up with what the firm tells us about itself.
To take a relatively simple example, firms often assure us that they have a deep bench. If you say that about your firm and we hope you do, because breadth of department is important! show us that in your submission. Include cases led by a variety of different litigators, not just the same small cadre of senior partners.
Maybe your department is a one-stop shop with global reach, or it features crisis experts who can parachute at the last minute into a losing case to save the day, or your lawyers are so good at defusing litigation threats that disputes rarely even make it into court. Whatever your value proposition, whatever makes your department unique and beloved by clients, we want to see the matters in your submission back it up.
3. Be honest to a fault. Mention the co-counsel on your big wins, and tell us what the other firm(s) did. When asked for your biggest loss, it s best not to answer that your firm has no losses at all. That response tends to undercut the credibility, shall we say, of the rest of your submission.
4. We prize clarity over fancy graphics. We re often awed by the eye-catching layouts and the slick presentation of firm submissions, but what we most appreciate are simple, clear, plain English writeups.
5. Show us your range. As journalists, we love trials, and we like to see firms that are ready and able to take cases to trial. But we know as well as you do that arguing a case to a jury or judge is just one element in a successful litigation department s toolbox.
So we want to know about not just your spectacular trial and appellate victories, but the cases in which you obtained a successful result for your client through settlements, dismissals, denials of class certification, getting damages reduced, ADR, internal investigations, etc. Yes, we are impressed when a firm shows equal dexterity in state and federal court. And we pay attention when a firm can show that it handled major matters for more than one client sector.
That said, we re not looking for Most Well-Rounded. We know that in today s competitive climate, firms increasingly have to specialize, and that even over a two-year period, not many firms are going to have enough different kinds of wins to check all the possible boxes.
Our advice: Go with your strengths, but if you can, give us a few examples to show that yes, you have other tools in your kit for resolving cases in a way that makes your client happy.
6. Your client s opinion really matters. Every so often a client who s listed as a reference in a LDOY submission will say to us, Really? They gave you my name? And then proceed to express a less-than-flattering opinion of their outside counsel s work.
We re not saying this happens often, but it tends to leave an indelible impression. Just as when you re applying for a job, when you put someone down as reference, clear it with that person first.
At the same time, a thoughtful recommendation from a client carries real weight with us. One year I asked a general counsel about a case that his outside counsel had listed in its submission. At first glance, the case looked like a black eye for the firm: years of thorny, expensive litigation, bad publicity for the client and what seemed like an unattractive settlement. But the GC was more than pleased with the result. The dispute and scandal underlying the litigation had been a huge ordeal for the company, he said and the law firm made it go away.
It was a good reminder that the best law firms often get the toughest cases, and the optimal result isn't always the neatest. We're looking forward to hearing about your hard-fought wins and satisfied clients. Remember, submissions are due August 4. And enjoy the rest of the summer.
