Efforts like legal project management and alternative fee arrangements have helped inside counsel gain control over litigation's costs and options. Still, the least expensive litigation is the litigation you avoid.

Inside counsel often have the opportunity to proactively guide their business clients in a manner that avoids litigation. When followed, litigation-avoidance advice can help mitigate litigation—even if it cannot be avoided. When that advice gets ignored, litigation is more likely to ensue—as is retention of outside counsel and the expenses they bring with them.

Sometimes it's better to be practical than right