Attorney Reveals Tips on How to Avoid Endless Legal Tactical Warfare

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Salt Lake City attorney John H. Bogart cuts to the chase about understanding litigation as a business and how clients can cut legal costs. Turning legal expertise into client value and profit, defining risk assessment, and eliminating unnecessary research and discovery are benchmarks and timely tips of this attorney’s practice.

Commercial litigation and business litigation in Salt Lake City are part of the profile of many contemporary businesses, and selecting a Utah attorney is a make or break factor. Finding an attorney who cuts to the chase, has the client’s financial interest in mind, and is extraordinarily successful is a challenge when it comes to commercial litigation.

John H. Bogart, deemed a legal leader in commercial litigation by Utah Business, takes a unique approach to litigation. "My first objective is determining what best serves my client," says Bogart, a Salt Lake City attorney. "I get to that point as effectively and cheaply as possible."

"Risk assessment is important," adds Bogart. "For instance, there are certain aspects of cases that I simply don’t pursue because they’re not worth winning and don’t serve the ultimate good of the client’s case. The idea is to keep focused on strategic issues and not get caught up, as many law firms do, in endless tactical warfare. That includes long wars about discovery issues that don’t matter very much, but add up in costs and oftentimes are compounded by wasted time and money. What I care about is what I actually need to win the case."

Bogart, who was honored by Benchmark Litigation as the leading antitrust litigator for Utah in 2010, understands the importance of analysis, investigation and procedural strategy — all related to allocating fees, the case’s budget, and what’s necessary for the ultimate outcome.

Bogart coaches his Salt Lake City commercial litigation clients that litigation is like a business — and that clients should cut costs correspondingly. "All clients should think this way about litigation — it’s a business process," comments Bogart. "I advise potential clients that they should only bring lawsuits when there is a reasonable likelihood of gain for their business; they limit their losses that way. Litigation is not a means for working out anger and feelings of betrayal; it takes too much time and money to think of litigation in that way. Litigation is a business process."

This Salt Lake City lawyer makes these concepts clear to prospective clients from their very first meeting. "I ask them what it is exactly they want to accomplish," states Bogart. "What issues do they perceive that require a lawyer? What do they hope to get from the process? I’m always up front about costs, and tell them why we’re doing — and not doing — certain things. My initial approach is how do I win this case, and then backtrack from there so that my client in Utah and those around the nation are not paying unnecessary fees for research and discovery that ultimately don’t mean anything to the case. I only want what’s essential; not what’s window-dressing. I approach every stage of the case with this focus, tied to commercial litigation."

During these discussions Bogart can also often get his clients to articulate emotional issues that may be driving their quest for commercial litigation. Most of the time there’s an emotional factor involved; people get angry and want fairness. That’s understandable. "But I want my law clients to understand that civil litigation is a bad place to seek justice; it’s too slow and expensive," advises Bogart.

"The more concrete the reasonable goal, the easier it is to achieve," continues Bogart. "If the client’s goal is to wreak havoc on the defendant, to tie them up in litigation, drive them into the ground through litigation costs — I discourage them from taking any action. But if they have a genuine, legitimate goal, then starts the exploration of an appropriate approach and a practical, valuable outcome in the legal process. By narrowing commercial litigation to an achievable goal, the sooner the case can become organized."

When Bogart has a new case, he reviews the initial information and tries to determine how the summary judgment motion would be crafted. "I ask myself what I would need to win the case long before it gets to trial," asks Bogart. "And then I pretty much know how to proceed."

"It’s much like a game theory approach," smiles Bogart. "How do you structure the play that affords your team something of value?"

Execution and efficiency are the hallmarks of this Salt Lake City attorney. Bogart, who taught at Stanford University and the University of Utah Law School, has represented clients in health care, transportation, credit and information management industries, as well as commercial and real property litigation. With nearly 20 years of legal practice, he has worked on complicated cases for demanding clients. "I am proud of these decades of successful cases," reports Bogart, "and can say with confidence that I have a repeated track record of turning legal expertise into demonstrable client value."

For more information about Salt Lake City attorney John H. Bogart, visit or call 888.895.9517.

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