For example, if the other party has frivolously accused you
of fraud, but you can show that the other side had full knowledge of the alleged misrepresentation, then you can dispose
of that issue and simplify the case in your favor.
To “begin with the end in mind” also applies here: Approach
the lawsuit with an eye toward a motion for summary judgment by determining what evidence and admissions from
the other party are needed and how you can show the court
that ruling on an issue will move the case toward an efficient
resolution. A successful summary judgment motion reduces
your risks of litigation while increasing the other party’s.
Just as it takes courage to confront an enemy in combat, the
same courage is necessary in commercial litigation. Approach
the conflict with your eyes unwaveringly fixed on a well-defined and reasonable outcome to survive the conflict and
increase the likelihood of a successful outcome. n
1. For tips on choosing a construction attorney, check out
ANTONY L. SANACORY is a Partner at Hudson Parrott
Walker Attorneys at Law in Atlanta, GA. He has handled
numerous construction disputes for owners, GCs, subcontractors, and suppliers in a number of different venues.
Tony is a longtime author for CFMA Building Profits and
an active member of CFMA’s Georgia Chapter. He
received his BA from The Pennsylvania State University
and his JD from Duke University.
A veteran of the U.S. Army, Tony received commendations for his service in Korea and Kuwait.
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