A litigation attorney's responsibility is to advise the client and to anticipate both the short term and long term ramifications of various dispute resolution strategies. In some instances, a dispute must go through litigation and trial to be satisfactorily resolved. In most instances, the best result for the client is achieved short of a trial, as litigation expenses can be cost prohibitive.
Mr. Barnier's approach is based upon almost two decades of litigation and negotiation experience, and usually starts with an efficient evaluation of information and documents that are immediately available. Can the matter be resolved favorably through communications that convince the other party to meet the client's demands? Is the best step to proceed immediately to litigation because communications will be a waste of time? Each situation is affected by multiple factors. A competent litigation attorney should not only be a strong advocate in the litigation process, the attorney should be able to apply experience, wisdom, common sense, communication and negoatiation skills to not only fight a good fight, but to help identify the client's best options by anticipating with a significant degree of accuracy the ramifications of each available course of action.