Philosophy of Practice

[bryan forman photo]

As attorney representing a customer, a brokerage firm, stockbroker or other market participant, I take the time to fully explore what is the likely course the dispute will take, what are the potential outcomes, and most importantly, whether there are solutions to the dispute that can be achieved economically in the beginning. Should an economic "win/win" not be feasible, then a comprehensive strategy for prosecution or defense is developed with the client, and we begin the intense process of zealously preparing the case.

Litigation and arbitration can be devastatingly expensive, even when the stakes are not high, and I believe that as an attorney I am duty-bound to explore mutual resolution whenever appropriate, rather than simply rush to battle.  

"Equity bids us be merciful to the weakness of human nature; to think less about the laws than about the man who framed them, and less about what he said than about what he meant; not to consider the actions of the accused so much as his intentions, nor this or that detail so much as the whole story; to ask not what a man is now but what he has always or usually been. It bids us remember benefits rather than injuries, and benefits received rather than benefits conferred; to be patient when we are wronged; to settle a dispute by negotiation and not by force; to prefer arbitration to litigation -- for an arbitrator goes by the equity of a case, a judge by the strict law, and arbitration was invented with the express purpose of securing full power for equity."

Aristotle, Rhetoric, Book I, ch. 13.