The Hidden Cost of Conflict: How Complex Cases Lose Value in Litigation BY THE HONORABLE MICHAEL J. FINIFTER The author serves as a judge in Maryland. The views expressed here are solely those of the author and are intended for educational purposes.
106
MSBA.ORG | VOLUME 7 ISSUE 3
Introduction Litigation is often described as a search for justice, but for parties entangled in complex disputes, it can also become a slow erosion of value—financial, relational, and human. Early in my judicial career, I presided over two related cases involving principals of a closely held company who litigated for nearly a decade over a multifaceted business dispute. Their bench trial spanned 15 days over three weeks and required a special auditor as well as accountants for each side. By the time the matter concluded post-trial motions, appellate review, and eventual settlement, the combined professional fees were likely astronomical. This experience highlights a broader reality in complex litigation: the longer disputes persist, the more value can be lost even before a decision is rendered.