A Litigation Consultant Will Navigate the Risks

Doug Conolly

A trusted legal business advisor when you need one

Doug Conolly recognizes that corporations generally only consult lawyers after something has gone wrong or where conflict is imminent.

Conolly, partner and head of the Commercial Litigation Group for McQuarrie, says a proactive approach, similar to regular maintenance of your car or your personal health, can also be applied to business and the commercial litigation field.

“Lawyers who act as litigation consultants are regarded as sounding boards and knowledgeable, trusted advisers who can identify and mitigate legal risks. This is important because every step you take in business can have legal consequences,” Conolly says. 

“Our clients routinely engage us early in the process of a negotiation or initiative for analysis and legal opinion on various scenarios, early enough to make a difference,” he says.

One area where engaging a litigation consultant works well is advising in regards to contractual relationships.  As a business grows and becomes more sophisticated, the impact of competing interests and obligations requires more careful analysis and strategy.  

 Companies often turn to the use of standard form contracts which appear to be all-encompassing and are anticipated to work in multiple situations; unfortunately, these may simply create unnecessary obligations and risk where none was intended.  Conolly explains that a litigation consultant who knows your business and is available to review and interpret contracts, can play a critical role in any risk management strategy — ultimately saving a company significant time, expense and resources.

 Identifying challenging issues only after a contract has been signed can be a very messy and emotional situation that could have been avoided.  

 McQuarrie handles a broad range of commercial disputes, but Conolly points out that the primary goal should always be to prevent issues from becoming litigious.

 “Companies that engage and retain us are able to conduct business with a higher level of legal comfort and confidence.” An increasing number of business owners appreciate the significant benefits of having a litigation consultant onboard as part of their team, to assist in the efficient navigation of complex legal frameworks within which their businesses operate. 

 “We familiarize ourselves with the intricacies of our client’s business and industry so that we can better forecast and mitigate risk.” 

 McQuarrie has been assisting clients with all types of business cases for decades, and its commercial litigation lawyers have the diverse experience and resources to deal with any business litigation matter. 

McQuarrie Hunter LLP is a multi-practice, Surrey-based law firm that serves the needs of businesses, individuals and institutions in the Lower Mainland and throughout B.C.