As a trial lawyer who has conducted many complex intellectual property case kickoffs between inside and outside counsel teams, I've discovered that covering five key questions during that first meeting provides a dependable format for success. These questions (amplified with good listening skills, experience and good ideas) help everyone get on the same page early in the game. Better, asking these questions and getting them answered upfront results in a shared plan for control of the case, communications, cost and a case-winning strategy.

1. What are the business goals of the case?

Most trial lawyers have a default goal for every case: “Do whatever it takes to win at trial.” Although it's a fine goal, a single-minded focus on a trial win often fails to identify the issues that are most important to the business. More significantly, it can completely overlook the question, “What do we get if we win?” Discussing how this dispute impacts your business and what your business needs to be able to put the dispute in the rearview mirror on acceptable terms requires a deeper exploration of the businesses goals connected to and impacted by the litigation. Often, fulfilling those goals does not require a litigation strategy based on a philosophy of “win at all costs.”