August 01, 2016 article

David v. Goliath: Representing the Underdog Against Big Corporations

By Robert Zarco and Kaari Gagnon

David versus Goliath: The biblical story of the “little guy” going up against the giant is not just a story; it is also a theme small firms often face in substantial and complex litigation. Indeed, representing the underdog against giant corporations is commonplace at our small commercial trial firm well known for representing franchisees against their franchisors in franchise litigation disputes. It is exciting work, but it is also hard work not for the faint of heart.  

For a young lawyer, either as a solo practitioner or at a small firm, the thought of going head-to-head in litigation against a big corporation can seem daunting—and for good reason. It goes without saying that large corporations, such as well-established franchisors, seem to have unlimited litigation funds and use them to hire giant law firms with teams of attorneys to represent them—teams of attorneys who will do their very best to scorch the earth and bury you and your underdog small business client under mounds of documents and discovery disputes with the full intention of beating you both into litigation submission. This common practice should be anticipated and should not deter any attorneys, especially young attorneys, from representing the underdog against big corporations if given the opportunity.  

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