After nearly four decades in the legal industry, Los Angeles Member Dean Olson has seen his share of litigation suits and applies that experience to a diverse range of cases.
Dean recently discussed what he finds most effective in his approach to alternative dispute resolution and why relating to the other side of a case can be crucial to a settlement.
What do you enjoy most about your practice?
I like to be called upon to assist on difficult cases in which trial appears unavoidable. I like jumping into a case to achieve the best result possible and to cause opposing counsel to rethink their strategy and second guess their likelihood for success at trial. It’s in a variety of cases, from asbestos to automobile warranty to employment to catastrophic injury. But a trial’s a trial. Being in front of a jury, the trial presentation, the rules of evidence are the same. Most importantly, you have to demonstrate to the jury that you know and believe in every facet of your case.
Since 2000, you’ve typically tried at least one complex jury trial to verdict each year in state and federal court. How is that something you measure? Is that something you strive for?
It just happens for a variety of reasons on cases I have handled, from inception or transferred to me on the eve of trial. Somehow, some way, I end up in front of a jury for at least one trial each year. If I didn’t have a trial in a year, the next year I’ll have multiple trials. Last year, I selected eight juries, and we went to verdict on five trials. I’ve gone to verdict on two cases this year. My most unusual occurred when I selected a jury via Zoom in 2020, the COVID year.
You use alternative dispute resolutions approaches. How did you become skilled in alternate dispute resolutions?
Having decades of experience resolving thousands of cases, I can relate to mediators; I can relate to the other side. And on occasions when negotiations stall, I use unconventional approaches that have worked in the past. And I can do things that a 10- or 20-year attorney doesn’t have the seasoning or credibility to attempt. I am constantly drawing on my experiences to find a way to push towards the settlement finish line.
What approach do you find to be most effective in the resolution of a complex case?
It’s not sitting behind a mediator and saying, ‘How are you going to help me?’ I am always prepared to get in front of it. A mediator’s first look at a case occurs years after the issue occurred and often a few months before it’s scheduled for trial. The mediator has to deal with the baggage from the litigation and battles that have occurred to date. The easy parts are the facts and the law. The attorneys who are actually going to try the case know the strengths and weaknesses and the client’s level of commitment to their case. As the trial attorney, we have the insight and case knowledge that the mediator will never have.
How do you guide clients through legal issues while also helping them stay focused on their broader business objectives?
Many of our cases have ramifications far beyond the case at hand. We are required to focus on the impact that a settlement or verdict will have on the company and its future business and litigation. We need the best outcome for not only the case scheduled for trial but also the client’s global business and litigation objectives.
How do you build trust with clients?
When I am introduced to prospective clients, I don’t approach them with, ‘Hey, here’s my resume.’ Instead, we discuss the issues the client faces and strategies that have been successful in the past. ‘Yeah, I’ve encountered that before,’ and here are strategies that we have used in those cases. Earlier in my career, I was focused on working cases and starting to know the wants and needs of clients. I was developing a repertoire to generate some business. At this stage of my career, I’m drawing on my decades of experience when counseling clients and litigating against opposing counsel.
What’s one thing someone can do to protect themselves from litigation?
That’s a tough question! I’ve long since given up on telling clients, ‘Do this and you won’t get sued.’ Because you can only control your side of the equation. You might get sued in the case you shouldn’t, and a client gets a pass when they may have been in the wrong. Litigation occurs for reasons far beyond right and wrong. Parties are motivated for reasons inconsistent with the case law. When I become involved, I work with the client to navigate the best possible outcome based on the situation at hand.
What do teamwork and collaboration look like across Clark Hill?
At Clark Hill, I have had the privilege of working with great people including Maryam Danishwar, Lisa Reimbold, Elizabeth Evans, and Katie Brinson. I’ve tried multiple cases with each of them, and collaboration at Clark Hill has allowed me to team up with great attorneys to achieve the best possible results for our clients. That’s the biggest difference with Clark Hill. It’s great to know that the person who’s going to collaborate with you is an outstanding person and attorney. The depth we have is awesome.