How We Handle Cases
Robert A. Klingler Co., L.P.A. is a trial law firm in Cincinnati whose practice focuses on civil litigation and dispute resolution. Our lawyers are dedicated to helping our clients obtain the best possible resolution of their employment law, business litigation, personal injury, and other legal disputes by combining the highest quality of legal counseling with aggressive and effective advocacy, whether in the courtroom or conference room. Our reputation and our clients are our most important assets. We work hard to protect both.
From the time a client first walks in the door, we ask the question: “How can we best help?” We continue to ask this question throughout our representation of a client. Sometimes the only thing we can do is explain the client’s rights. It is often the case that there is no legal remedy for a client’s complaint. Not every employment termination is unlawful, even though it may be unfair. Not every business dispute is worth pursuing—a solution may be too expensive, or impractical. Not every personal injury is the result of another’s negligence, and not every adverse statement rises to the level of defamation. Sometimes, the most valuable advice we can give a client is to explain that there is nothing, or very little, that a lawyer can do in the courts to solve the problem at hand.
For other clients, there may be a potential legal solution to the problem, but it may entail costly and uncertain litigation that will take a toll on the client’s emotional and financial resources. We discuss these realities frankly with our clients. We follow Abe Lincoln’s advice that lawyers should “discourage litigation.”
Some disputes can be resolved without litigation. We assist many clients with severance agreements after they have been terminated, which may include negotiations concerning the terms of any non-competition agreements, the exercise of stock options, and of course the amount of severance pay. Some business disputes can be reached through negotiation and without litigation, sometimes with the help of a third-party mediator. Many personal injury claims can be settled through negotiations, either informal or by alternative dispute resolution, before a lawsuit is filed.
One thing we will not do is bluff the opposing party with the threat of a lawsuit if we do not intend to follow through. We are selective in the cases we agree to accept, and we do not take every case with a willing client and plausible claims. But if negotiations fail, and if the facts and the law warrant it, we will file suit and vigorously pursue victory for our clients.
Our goal is to make our clients whole. We negotiate as far as possible and litigate when necessary, always striving to provide efficient and effective service to our clients. Because litigation can consume large amounts of time and resources, we explore with our clients and our opposition the use of arbitration, mediation, and other alternative dispute resolution processes in appropriate circumstances. However, once litigation is commenced, we prepare to win at trial; we do not prepare to settle. If settlement discussions then occur, being ready to try the case before a jury puts our clients in the strongest possible negotiating position.
The traditional hourly fee billing arrangement is not well suited to every case or to every client. While we undertake many representations on an hourly fee basis, we welcome fee arrangements in which we share in the risks and the rewards of the case’s outcome, and contingent fee agreements are a normal part of our practice.
Because we know how to try cases before juries and judges, we also know how to efficiently and effectively prepare pleadings, conduct written discovery, take depositions, and evaluate cases without wasted time, effort, or money, and always with an eye toward getting the case to trial and winning. Unlike many larger firms that may have two or more lawyers performing basic trial preparation, such as attending a deposition or a pretrial court hearing, we generally assign only one lawyer to a task. This efficiency provides maximum value for clients who pay hourly fees. At the same time, we use a team approach to litigation that gives clients the advantage of our combined trial and analytical skills by the thoughtful division of labor.
Once we decide to file suit, we carefully plan each stage of the litigation process to maximize efficiency and effectiveness. We keep our eye on the ball, which is to serve our client’s interests by achieving the results the clients wants and deserves. We painstakingly prepare our clients and our witnesses for their depositions and trial testimony. Every motion and legal argument is planned, fully researched, edited multiple times for maximum accuracy and effectiveness, and designed to persuade. Our results at trial speak for themselves.
We enjoy our work, and we value the relationships we develop with our clients. Every case presents unique facts, personalities, and legal issues and requires the application of seasoned judgment and energetic strategy to reach a resolution favorable to our clients. That is what we are good at doing, and that is what we love to do.