When Litigation Becomes About the Lawyers Instead of the Clients

Most lawyers begin every case with the same goal: to serve their client’s best interests.

But over time, in long and hard-fought litigation, something subtle—and dangerous—can happen. The case slowly stops being about the client’s problem and starts becoming about the lawyers’ battle.

I see this more often than many would like to admit.

How It Happens

Litigation is, by design, adversarial. It rewards:

• Strong positions

• Aggressive advocacy

• Winning motions

• And proving the other side wrong

None of that is inherently bad. But when a case stretches on for months or years, it’s easy for the focus to shift from “What’s best for the client?” to:

• “We can’t give in now.”

• “After everything we’ve fought over?”

• “We’ve already invested too much.”

At that point, sunk cost replaces strategy.

The Warning Signs

You can often tell when a case has crossed this line:

• Settlement discussions are framed as “concessions” instead of solutions

• Every issue becomes a matter of principle

• The emotional temperature in the room is higher than the financial one

• The client’s business or personal goals fade into the background

When that happens, litigation stops being a tool and starts becoming the objective.

The Real Cost

Clients don’t measure success in motions won or briefs filed.They measure it in:

• Time

• Stress

• Money

• Disruption

• And uncertainty

When a case becomes lawyer-centered instead of client-centered, those costs quietly multiply.

The Mediator’s Role

One of the most important roles of a mediator is to recenter the conversation:

• What does the client actually need?

• What problem are we trying to solve?

• What does a good decision look like today—not two years from now?

Good mediation is not about declaring winners. It’s about helping people make clear, forward-looking decisions in imperfect circumstances.

Final Thought

Strong advocacy is essential.But the best lawyers never lose sight of who the case is really for.

When litigation stays client-centered, resolution becomes possible.