10. A big solo case looks big
At least $10 million in hard damages
9. A little case may count as a big case if it involves conduct that affects a lot of people
Competitors and business customers: Monopolization, price-fixing, territory or customer allocation, limit of supply, boycott, tying products
Buyers, sellers, and owners of securities: Securities fraud, officer and director breach of fiduciary duty, minority oppression
Consumers: Deceptive trade practices, fair credit reporting,
Current and ex-employees: Overtime, pension, and health benefits
8. Any client may bring you the big case
Businesses, including (especially) ones in bankruptcy
Local governments
Employees of large companies
Trade groups, business associations, and employee organizations
7. You can improve your chances of getting the big case by watching legal developments
Legal publications
Law360, American Lawyer
National press
— The Wall Street Journal
— Bloomberg and Reuters
Firm newsletters and websites
Blawgs
— Blawgletter.com
Relationships
6. Act promptly
Limitations may be running
Avoid overanalysis paralysis
Most cases organize fast
Having relationships expedites the process
5. Identify a handful of lawyers, not law firms
Law firms don’t try cases, lawyers do
4. Consider the lawyers’ available resources and track record
Expertise
Ability to fund litigation expenses
Ability to project lawyers where necessary
Local and national reputation
3. Make contact with at least two but get confidentiality from all
Competition works
Make contact personally
Working relationships matter
Confidentiality agreement protects the client and you
2. Negotiate and sign a fee agreement
ABA rules require (a) proportionate division or joint responsibility for representation, (b) client approval in writing, and (c) reasonableness. Mod. R. Prof. Cond. 1.5(e).
Agreement should define relationships (e.g., lead counsel, responsibility for costs, decision-making process)
1. Don’t be shy!
Nobody resents getting your first call
If you don’t ask, you won’t get
Barry Barnett
