The Path of Least Resistance

As a trial lawyer, you will often be confronted with a situation where the easy path is the path of least resistance. As a practical matter, this means resolving a dispute instead of litigating it to conclusion, or compromising a position even when you feel strongly that you are right. The most successful trial lawyers avoid choosing the path of least resistance. Remember the saying, “to the victor goeat spoils.” Stated differently, and as my mentor used to say, “If you settle, you can’t win.”  There is a time and place for settlement, and there is a time and place for winning. The key is to know that right time and place to make your stand. Winning is hard and it usually involves additional work, and more importantly, the risk of losing. But you deserve “the spoils” of winning. So use your head, take your shot, put in the extra work, and win!