ISSUE #2
From Dan Peña - "The Money Messiah" and Mentor/Coach for The New MillenniumDear Friend and Subscriber: NEARING 55As I said in May 1993 when I was beginning my coaching career, I would cut back my seminars,etc. in 2000 to coincide with my 55th birthday, which I have done! Now as I sit here by the pool gazing out at the Gulf of Mexico (no, I haven’t moved to Florida yet),I contemplate my family. My wife and 13-year-old daughter are in New York City for Spring Break going to shows and museums and, of course, shopping. My 16-year-old son just spent 10 days withme here boating and golfing. It was the first golfing since my serious accident last year andsubsequent "fix-it" surgery in January 2000. Suffice it to say, the 5" titanium plate holding my rightshoulder together and the bone graft taken from my 54-year-old hip aren’t conducive to a good golf swing yet! My game was quite ugly.When I was deciding what I would write for my second QLA Internet Newsletter, it didn’t take melong to decide my topic. One of the most misunderstood topics in business:LITIGATION AS A BUSINESS TOOLFrom Bill Gates at the end of the last century to John D. Rockefeller at the end of the previouscentury; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson andBritish Airlines to Dan Peña and The Financial Times; from government, banking, insurance andevery other facet of world commerce - to grow geometrically and stay around, litigation must be(prudently) used and mastered.I will, as briefly as I can, memorialize the salient points of using litigation as a business tool. Now before I start, I want it on the record, some 50% of my 30-year track record of litigation has hadnothing to do with winning money, i.e., many lawsuits have been over principle, some were to righta heinous wrong such as slanderous remarks made about me; and some were because an entity justneeded a good comeuppance and nobody else would carry the flag into battle. I, like Don Quixote,have fought many a windmill.As you’ve heard me speak and write about, when building your "Dream Team," you want Big Fiveaccountants and a large national or international firm of lawyers - the best representation you can’tafford!Unlike the success-oriented fees I coach you to use when facilitating transactions, no law firm willlitigate initially on this basis. Perhaps if your case is especially strong, they will do it on acontingency basis. Unfortunately, you will be using, from time-to-time, litigation as a positioningtool and your case may not be something you can seriously leverage.A year or two ago, being left with a pig-in-a-poke, I had to litigate a case having specious facts at best to support my desired outcome. Fortunately, our (my) apparent lust for litigation was stronger than their desire to fight a hard fight, so a reasonably good settlement was finally arrived at. Of course, during this process my good lawyers counseled us, advising our case needed to be muchstronger, etc. Even with great lawyers, it is their job to tell you the downside risks. Again, whathappens is you are often scared from pursuing your case.Good lawyers win so-so lawsuits. Great lawyers can win lawsuits in which you have little or nochance to win. Three of my favorite litigators over the years are Steve Susman and Cyrus Marter IVof Susman Godfrey in Houston, Dallas, Los Angeles and Seattle and Tim Harris of CharlestonRevich & Williams in Los Angeles. All three have dug me out of some pretty big black holes. I’vedealt with them 10 and 20 years respectively. They are worth every penny they charge!Our judicial system works, but we grow up being afraid of it. It’s way out of our comfort zone so