Introduction
Too often, lawyers begin litigating without ever asking their clients or themselves the single question that most directly shapes strategy: “What is your goal with this case?” Whether you inherit a matter mid‑litigation or take it from the start, asking this question early aligns expectations, uncovers priorities, and often makes reaching the right outcome simpler and faster.
Why this question matters
- Strategy depends on goals. A client seeking a public vindication will tolerate different risks and timelines than one prioritizing a quick financial recovery or preserving a business relationship.
- Clients may want things you don’t expect. Monetary damages, an apology, non‑monetary injunctive relief, confidentiality, or simply closure — any of these will change how you evaluate offers, discovery, and trial readiness.
- Efficiency and cost control. Clear goals prevent unnecessary motion practice, expansive discovery, and prolonged negotiation that don’t serve the client’s objectives.
- Better client relationships. Asking shows you care about the client’s priorities, builds trust, and reduces post‑settlement dissatisfaction.
When to ask
- At the first meaningful meeting or intake — before you set litigation milestones or invest heavily in discovery.
- Again at key inflection points — after significant developments (e.g., dispositive rulings, new evidence, settlement offers).
How to ask (practical tips)
- Be direct and conversational. A simple, “What would you like to achieve in this case?” opens discussion more effectively than legal jargon.
- Normalize multiple goals. Clients often have more than one priority; invite them to rank or describe tradeoffs.
- Ask follow‑ups that reveal why. “Why is that outcome important to you?” helps you assess risk tolerance and non‑monetary priorities.
- Use scenarios. “If we could guarantee X but it would take longer/ cost more, would you accept that?” clarifies willingness to trade time, money, or certainty for outcome.
- Document the answer. Put client goals in the file and re-confirm them in writing (engagement letter, intake summary, or email) so everyone stays aligned.
Sample client questions to use
- “What would a successful result look like for you?”
- “Are you seeking money, an apology, injunctive relief, or something else?”
- “How important is speed versus maximizing recovery?”
- “Would you accept a settlement that keeps this confidential but pays less?”
- “Are there non‑legal consequences (reputation, business relationships) we should consider?”
How goals change the lawyer’s approach (examples)
- Priority: quick settlement for cash — focus: early ADR, limited discovery, cost‑benefit analysis of offers.
- Priority: public vindication — focus: preserving publicity, preparing for trial, refusing confidentiality.
- Priority: ongoing business relationship — focus: negotiated resolution with non‑litigious terms and neutral language.
- Priority: specific injunctive relief — focus: expedited discovery, emergency relief, technical experts.
Closing:
“What is your goal with this case?” a standard part of your intake and of every strategy review. It saves time, improves outcomes, and prevents costly misalignment. Try it at your next client meeting — and document the answer.
Do not hesitate to reach out to our office at 415-341-1144 if you or your and your client would like to discuss your case.
