What's better than beating a lawsuit? Not getting sued at all. Recently, Emergent succeeded in dissuading a subtenant in a Bay Area commercial space from suing our clients -- a second subtenant and master tenant -- despite a long-running, vitriolic relationship among the three.
One of the keys to this case was understanding the personalities and motivations of all involved: What was the source of the acrimony, and what could be done to lessen it? Aside from the parties, who would be affected if the potential plaintiff sued, and what pressure could they bring to bear? Who were the potential witnesses, and how could they be encouraged to talk to us without a subpoena or even a pending lawsuit?
Another key was laying the groundwork for an early dismissal in the event suit were filed, and then previewing our defense for the potential plaintiff in a low-temperature, non-confrontational manner. If you tell someone he's going to lose, he'll get his back up. If you show him the facts that suggest he'll lose, he might catch on.
We appreciate the trust placed in us by our clients in this case, and we're grateful the sublease has ended -- and the potential plaintiff has vacated -- without litigation. To find out whether we can help you manage your difficult relationships, contact us.