To pursue litigation and settlement simultaneously with different firms

A partner who by experience and personality litigates adroitly may not be equally adept at settlement discussions. If not, a law department might consider parallel tracks: the one partner campaigns like Sherman on the judicial field while a partner at another firm negotiates like Kissinger to reach a resolution that both sides can accept.

Yes, one can imagine problems of conflicting messages, increased costs and tripping over each other, but the divergent tactics may make it worthwhile. Both partners need to be sensitive to the developments of the other, and they should avoid competing with each other before the client.

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