INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.

Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Alexander Paykin.

The Alexander Paykin Commentaries

The Urge to Act — and Why You Should Sometimes Resist It

When a dispute erupts — whether it’s a breach of contract, a business partnership gone sour, or a deal that collapses at the last minute — the first impulse for many is to “call the lawyer and file suit.” It feels decisive, powerful, and principled.

But good lawyers know that litigation is not a sprint — it’s a marathon. The strongest cases are built on strategy, timing, and preparation, not emotion or impatience. Sometimes, the smartest move you can make is to wait. Strategic delay isn’t weakness. It’s often the difference between a favorable settlement and a costly, drawn-out battle.

1. Preserving Leverage and Control

Before filing a lawsuit, you hold a valuable asset — control. You control the narrative, the timing, and the tone of the engagement. Once you file, you hand over part of that control to the court system and procedural rules.

Delaying action can allow you to set the stage in your favor. You might quietly gather more information, assess your opponent’s exposure, or communicate your position informally. In some cases, simply preparing a strong but unfiled complaint — and letting the other side know it exists — can drive negotiations and settlements faster than litigation ever could.

Think of it as a chess game: every move reveals something. Acting too soon can give away strategy and limit your flexibility.

2. Strengthening Your Evidence and Building a Narrative

Rushing into court without a full grasp of the facts can weaken even the most legitimate claim. Strategic delay gives you the time to assemble your story — to turn facts into evidence, and evidence into persuasion.

This may include:

• Reviewing contracts, correspondence, and financial documents thoroughly.
• Interviewing witnesses and employees before memories fade or loyalties shift.
• Consulting experts to assess damages or technical issues.
• Anticipating the opposing party’s defenses and preparing counterarguments.

The more time you take to prepare, the stronger your first filing will be — and that first impression, once filed, can influence every phase of litigation, from discovery to settlement.

3. Allowing Emotions to Subside

Disputes often carry personal weight — especially in business partnerships, family enterprises, or employment relationships. Anger and frustration can drive hasty decisions that feel satisfying in the moment but prove costly later.

By waiting, you create space for emotions to cool and for rational analysis to prevail. Clients who take even a few weeks to gain perspective often approach their case with clearer goals: not just to “win,” but to resolve the issue efficiently and strategically. That emotional maturity often leads to more creative, durable outcomes.

4. Evaluating Costs, Timing, and Business Priorities

Litigation can consume enormous resources — financial, managerial, and emotional. Filing prematurely may strain your cash flow, distract key personnel, or damage relationships that could have been salvaged. A short delay can provide time to evaluate:

• The real value of the claim compared to legal costs.
• The collectability of any potential judgment.
• How litigation might affect your company’s reputation or operations.
• Whether mediation, arbitration, or a structured settlement might offer better value.

Strategic waiting isn’t about avoiding accountability — it’s about making sure your effort, time, and money are invested wisely.

5. The Psychological Advantage

Deliberate timing can also have psychological benefits. If your opponent expects you to sue immediately and you don’t, they may underestimate your preparation — or grow uneasy waiting for your next move. This subtle pressure can drive them to negotiate, disclose weaknesses, or make mistakes.

Patience, used strategically, can be a form of quiet power.

Conclusion: Strategy Is Action

In litigation, timing is as critical as evidence. Acting too soon can weaken your case; acting too late can forfeit your rights. The art lies in knowing when waiting is a move forward.

 

 

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