The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case substantially higher than the other side will pay.
The Solution: Understand what “category” your adversary has put your case in and either accept it or try to create a new category of value.
Consider the guitar fretboard for a moment. It is a complex maze of horizontal, vertical and perpendicular dimensions to achieve sound that stretch across a think plank of wood up to 25 inches. Its beauty lies in the ability of the player to form similar sounds anywhere on the board. It is intricate and elegant at the same time. Most average guitarists (myself included) tend to play simple cowboy chords learned around the campfire or listening to 60s folk music. We don’t have the patience or time needed to study and comprehend the complexities of the instrument. Others prefer jazz where guitarists like Joe Pass or Wes Montgomery can play a similar sound up and down the neck of the guitar with slight changes in pitch and structure that creates unexpected ear candy.
When it comes to evaluating a litigated case, most parties to a lawsuit play cowboy chords. They are fairly predictable, easy to understand and repetitive. This is because cowboy chords can be clearly demonstrated and categorized so that just about anyone can learn and play them.
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