Strategic Litigation: Efficiency or Bust

In today’s litigation world, efficiency isn’t just nice to have—it’s non-negotiable. Clients expect results, not excuses. And let’s be real: wasting time on anything that doesn’t push the case forward is a disservice to everyone involved.

The truth is, inefficiencies in litigation go far beyond petty discovery disputes. They creep in anywhere you lose focus on the bigger picture. If your moves aren’t advancing the case in a meaningful way, you’re just spinning your wheels.

So how do you make sure your case is moving forward, not sideways? It starts with a hard look at the process and an uncompromising commitment to strategy.

1. Stop the Inefficiencies Before They Start

Discovery disputes are the obvious culprits, but inefficiencies come in all shapes and sizes. The real problem is anything that doesn’t serve the ultimate goal of resolution. Let’s call it what it is—unnecessary motions, pointless bickering over details that don’t matter, or spending time chasing irrelevant information. These are all traps that waste time and rack up costs.

Efficiency starts with asking: Does this move the needle? If not, skip it. Every motion, every deposition, and every conference has to be laser-focused on advancing the case. Otherwise, it's just burning money and delaying results. When the case gets bogged down in distractions, you’re not just wasting resources—you’re losing momentum.

And let’s face it: momentum matters. When you keep the pressure on and the case moving forward, it puts you in a stronger negotiating position. Inefficiencies don’t just hurt the bottom line—they hurt your chances of success.

2. Keep Your Eye on the Big Prize

It’s easy to get sucked into the daily grind of litigation—motion practice, deposition prep, document review. But none of that means anything if it doesn’t serve the bigger strategy. Every move should be part of a plan that drives the case toward resolution. Every motion, every argument, every bit of discovery should have a purpose.

The question every attorney and client should ask themselves is: How does this action help win the case? If it doesn’t, why waste time on it?

The key here is strategic focus. It’s not just about checking boxes or playing defense—litigation is about making the right offensive moves to put the case in the best possible position for settlement or trial. Winning isn’t about who can file the most motions or who can outlast the other side—it’s about making every action count.

3. Contingent and Hybrid Fee Arrangements Raise the Stakes

Contingent and hybrid fee structures mean the stakes are even higher—for both client and attorney. There’s no room for inefficiency when both sides have real skin in the game. Every dollar spent needs to get the case closer to a win, not buried in unnecessary work. In these cases, the process has to be tighter than ever.

With alterative fee arrangements, the client and attorney are essentially partners, sharing the risk and the reward. So, inefficiency isn’t just bad for the client—it’s bad for the lawyer, too. That’s why efficiency in these cases is non-negotiable. You’re not just litigating for the client’s benefit; you’re doing it with the firm’s bottom line on the line as well.

When you’re sharing the risk, every step has to count. Wasting time or money isn’t just bad for the client—it’s bad for everyone involved. The more streamlined and focused the process, the better for both sides.

4. Make Every Decision Count

This is where the rubber meets the road. Litigation isn’t about throwing everything at the wall and hoping something sticks. It’s about making the right moves at the right time. Smart litigation isn’t about rushing, but it’s also not about dragging your feet. It’s about making the decisions that actually matter.

Sometimes that means pushing for early settlement when the writing’s on the wall, and sometimes it means digging in for a tough fight on an issue that can make or break the case. But at every turn, it’s about knowing when to strike and when to hold back.

For example, why get bogged down in a motion that’s unlikely to succeed? Or spend weeks preparing for depositions that don’t add much value? Instead, focus on the motions and discovery that will actually move the needle and make a difference in the case.

5. Don’t Underestimate the Power of Momentum

Efficiency isn’t just about saving money—it’s about creating momentum. When the case is moving forward, it keeps the other side on their toes and forces them to react. The minute you lose momentum, you lose leverage. That’s why it’s so important to keep the case moving and avoid unnecessary delays.

Litigation is as much about psychology as it is about the law. When the other side sees you’re moving efficiently, staying focused, and keeping your eye on the prize, it puts pressure on them to either settle or step up their game. Momentum gives you the upper hand.

Conclusion: Keep Asking the Tough Questions

In the end, efficient litigation comes down to one simple thing: Does this move the case forward? If it doesn’t, you’re wasting time. And in litigation, time is the most expensive thing you’ve got. Efficiency is about making decisions that serve a purpose, avoiding distractions, and focusing on winning.

At every stage, whether it’s preparing for a deposition, drafting a motion, or engaging in settlement discussions, ask yourself: Is this moving the case closer to a strategic goal? If not, it’s time to recalibrate. Efficiency isn’t just about moving fast—it’s about moving smart. And when you move smart, you win.