Why It Helps to Have a Litigator Who Has Worked Both Sides of the Caption

Every lawsuit has a caption at the top of its first page. It lists the plaintiff on one side and the defendant on the other, with a small "v." in between. Most lawyers build a practice mostly on one side of that line. Some have worked on both, and that experience changes how they see a case.

The plaintiff is the person or business that starts the case. The defendant is the one who is sued. Those labels sound like opposites, and in a courtroom they are. But the work on each side has the same raw material: facts, documents, witnesses, deadlines, and a judge who wants the case handled properly.

A litigator who has handled all of it from both positions has seen what a strong complaint looks like and what a strong answer looks like. That is a practical advantage, because you are usually on one side of the caption while the lawyer needs to understand the other.

How a plaintiff's lawyer thinks

Someone bringing a case has to prove it. That means asking early whether the facts support each claim, whether the evidence exists to show it, and whether the harm can be explained to a judge or jury in plain terms. A plaintiff's lawyer also has to think about time and cost, because bringing a case forward takes both.

A lawyer who understands that burden can tell a client honestly which parts of a claim are strong and which parts will need more support. That candor helps you decide whether to start a case at all.

How a defense lawyer thinks

The defense looks at the same case and asks different questions. What exactly is being claimed? What can the other side actually prove? Are there legal reasons the claim should fail before anyone reaches the facts? Is there a version of this dispute that can be resolved without a long fight?

A defendant is often a person or small business that never wanted to be in court. A defense lawyer has to protect the client's position while keeping an eye on what the fight is costing. Lawyers who have defended cases know how that pressure feels from the inside.

Settlement pressure runs both ways

Most civil cases do not end with a verdict. Many end in a negotiated resolution, and each side has its own reasons for wanting one. Plaintiffs worry about delay, expense, and the risk of losing. Defendants worry about cost, disruption, and exposure.

• What does the other side most want to avoid, and when does that pressure peak?
• Which weaknesses in your own case will they push on?
• What does a fair resolution look like given the real strengths on each side?
• Is the next step in the case worth its cost compared with what it could change?

A lawyer who has sat across from the other side in both roles can read those signals more accurately. They know what a serious offer looks like and what a bluff looks like, and they can explain the difference to you.

What large firms do, and why it matters

Many disputes pit a person or small business against a large organization with a large law firm behind it. Big firms have depth: more lawyers, more hours, more paper. Their approach often involves heavy motion practice and wide document requests, and one effect can be to raise the cost of the fight for a smaller opponent.

Knowing how those firms work is useful, because you can respond to it. A lawyer who has been inside large litigation teams knows how the work gets divided and where it gets expensive. That lawyer can pick the fights that matter and decline the ones that only drive up cost.

What this looks like at this office

The Law Office of Kareem E. Abdo is a sole practitioner litigation practice. According to the office, Kareem Abdo has handled litigations as lead counsel both as a plaintiff's attorney and as a defense attorney, against some of the largest law firms in New York City and the country. He has also handled matters against the City of New York.

Earlier in his career he worked as an employee at law firms, offices, and corporations, where he represented both plaintiffs and defendants. The office describes his background as years of experience both on large litigation teams and as a sole practitioner, and he is a graduate of Fordham Law School.

He has said he runs a no frills business and passes the savings on to clients, with rates well below many competitors. For someone weighing whether to bring a case or defend one, that combination of experience on both sides and a low rate is the point of the practice.

Questions worth asking any litigator

• Which side of the caption have you represented, and in what kinds of cases?
• What is your honest read of the weakest part of my position?
• How will you approach settlement, and when would you advise against it?
• Who will actually do the work on my case?

If you are deciding whether to sue or how to respond to a suit, a conversation with the office costs nothing to start. Call or text (212) 439-4723, which is Kareem Abdo's cellular phone, or email kareemabdolaw@gmail.com.

This article is general information, not legal advice about your situation, and reading it does not create an attorney-client relationship. This is attorney advertising.