Commercial litigation can be costly, time-consuming, and emotionally draining. But is it worth it? As a commercial litigation lawyer and managing attorney of Equal Justice Solutions—a public benefit law firm with an ecumenical Christian mission rooted in Catholic social teaching—I’ve walked countless clients and prospective through this exact question.
And the answer? It depends. But one thing is certain: if you’re considering commercial litigation, you need to approach it with a clear head, a steady hand, and a firm grasp on what litigation really is—and what it’s not.
What Commercial Litigation Is (and Isn’t): Explained by A Commercial Litigation Attorney
The goal of litigation is to obtain one thing: a judgment—a piece of paper issued by a court that compels the other party to do something (usually pay money), stop doing something, or start doing something. If they don’t comply, you can go back to the court to enforce it using the power of the government: asset seizures, fines, garnishments, or even contempt proceedings.
That’s it. That’s what litigation does.
But here’s what litigation is not:
- It’s not personal validation.
- It’s not healing.
- It’s not a redemption arc.
- It’s not a tool for emotional vindication.
- It’s not paying to get some cathartic moment in court in front of the whole community where you finally feel “seen”
Sure, sometimes healing or closure can be a byproduct. But if you’re walking into complex commercial litigation thinking it will fix your emotions or restore your sense of justice in a cosmic way, you’re setting yourself up for disappointment.
Scripture’s pretty clear—take your pick: Torah (Deut. 32:35), Psalms (Psalm 37:8), or New Testament (Romans 12:19). Vengeance belongs to God. Justice? That’s about restoring what was lost—not settling the cosmic scoreboard.
Now, this isn’t a sermon post—you don’t have to believe any of that. But in our experience as business litigation lawyers, the majority of commercial disputes that drag on for years share one common trait: someone’s ego is driving the train.
Sometimes it’s the plaintiff. Sometimes it’s the defendant. Sometimes it’s even their lawyer. But ego-driven litigation is expensive and dangerous. In a commercial case, it might feel personal—but it’s just business.
If you can ask yourself, “What tangible thing can the court order that would give me what I should have gotten if I hadn’t been wronged?”—with emphasis on tangible—you’re probably on solid ground.
But the second your internal dialogue starts to sound like:
- They punched me, I need to punch back 10x harder.
- I need to make them feel how I feel.
- It’s about the principle!
- How dare they do that to me—who do they think they are?
…you’re in dangerous territory.
Again, there are exceptions—civil rights, sexual abuse, serious injury—where emotion is part of the calculus. But in commercial litigation, that mindset is a recipe for disaster, burnout, regret, and even moral injury.
Think of Commercial Litigation Like a Capital Project
Once you set aside the emotion, you can begin to assess your case the way any smart businessperson would: as a capital investment.
You wouldn’t open a new location, launch a new product, or acquire a company without running the numbers. Litigation should be no different.
Here’s how we recommend thinking about it:
1. Treat it as a capital expenditure.
Ask: If I invest $X, what am I likely to get in return? And over what time horizon?
2. Run it like an internal rate of return (IRR) analysis.
Just like any investment, there’s:
- An upfront cost
- A potential return
- A probability of success
- A time factor
- Opportunity cost (what could you invest the money in and get a return on)
You can model it:
- Spend $400,000 over two years for a 60% chance of recovering $4 million? That might be a smart investment.
- Spend $500,000 for a 40% chance at getting back $500,000? Probably not
3. Compare it to alternative investments.
If someone pitched you this litigation as an investment opportunity, would you take it? If the answer is no, walk away.
How Much Does Commercial Litigation Cost?
Cost is the biggest driver in this whole equation. And in the world of business litigation, cost boils down to two things:
- Hours
- Hourly rate
Our standard rate at Equal Justice Solutions in 2025 is $695/hour. That’s modest compared to many top firms, especially in places like New York or Delaware, where hourly rates regularly hit $1,200–$1,500. Even Delaware courts have said $900/hour is “reasonable.” We’ll link to that.[INSERT]
Even at our more conservative rates, here’s a rough breakdown of how commercial litigation typically unfolds:
- 100–200 hours to get past the pleadings (motion to dismiss, etc.)
- 100–200 hours for document discovery
- 200+ hours for depositions
- 200–400 hours for trial prep
- 400+ hours for trial itself
That’s 500–1,000+ hours. And remember, more than one lawyer works a case—these numbers, if they seem high, account for a lean team. If it requires more attorneys, they could be higher. And again, these are just general figures, they can vary dramatically by case, talk to your lawyer. (I’m a lawyer, shameless disclaimer)
So yes, it’s hard to walk away from a commercial case without spending at least six figures. Seven figures? That’s rarer—usually reserved for massive, scorched-earth litigation with high complexity, complicated discovery, novel legal issues, and either tremendous stakes for the parties, or massive ego(s)—and often both.
When Is It Worth It? A Business Litigation Lawyer’s Rule of Thumb
We’ve developed a general framework over time:
1. Claims Under $100,000
Usually not worth pursuing—unless it’s a clean, solvent, no-defense breach of contract case. If you’re spending $100,000 to get $100,000, that’s break-even, and that’s before stress and uncertainty. For lower-value disputes, we offer a Small Business Program to help close the gap, but even then, sub-six-figure claims are usually best written off as a loss.
Side note: A clean breach of contract case means something like: “They agreed to buy $100,000 of widgets, we signed a contract, they didn’t pay, I followed up, they apologized, promised to fix it—then ghosted.”
Not: “My pre-revenue business partner defrauded me, but I have something in a text, so it’s a slam-dunk case!”It’s never that easy.
2. Claims Over $1 Million
Almost always worth pursuing. Even if you spend $400K–$500K and it takes two years, that’s a good ROI. Especially if it protects the business or sends a strong message in your industry.
3. Claims Between $100K and $1M
This is the gray zone. The right answer depends on:
- Case complexity
- Expected defenses
- Opponent’s ability to pay
- Likelihood of success
- Risk tolerance
That’s where having a good lawyer—one who’s also a business thinker—makes a real difference. At EJS, we prepare written litigation strategies and budgets before filing. It’s not exact and subject to change as we make clear. But it gives clients a sense of what to expect.
The X-Factor: Emotion and Time
Here’s what no spreadsheet or DCF model captures: litigation is exhausting.
Despite everything we’ve said about IRR, expected value, and capital strategy, litigation is not fun. People will say mean things about you—on paper, in court, sometimes even in the press. It’s easy to act tough in the lawyer’s office, but when that subpoena shows up, or you have to testify under oath about emails you barely remember sending, the experience gets real, fast.
It’s never fun to see someone mischaracterize what you said or did—usually with ominous innuendo lawyers are disturbingly good at—in a public filing with your name on it. And in some cases, the media gets wind. It’s rarely the Wall Street Journal, but it could be industry publications, local news, or even LinkedIn chatter.
And then there’s the privacy angle: turning over your personal texts, your emails, your calendar invites, your Slack messages—often to people you don’t trust. Even in business litigation, this stuff gets invasive. Discovery isn’t just documents. It’s digital forensics. It’s metadata. It’s your digital life in someone else’s hands.
That said, a commercial lawsuit almost never “blackballs” someone. That fear’s usually overblown. If you can’t control yourself in the process, yes, that could be an issue. But the mere fact of suing—or getting sued—doesn’t destroy reputations in most industries.
What does hurt, though, is the time cost.
If you’re in a position to afford a $695/hour commercial litigation lawyer, chances are you could also spend that time growing your company, launching something new, mentoring your team, or just living your life. Instead, you’ll spend that time prepping with your lawyer, reviewing documents, going through your phone (again), sitting for depositions, responding to discovery, showing up to court… and wondering why everything takes so long.
And that’s the part most people don’t factor in: the opportunity cost of your time.
When litigation isn’t managed well, it doesn’t just drain your budget—it eats years of your life. That’s the real X-factor. You won’t find it on a pro forma, but you’ll feel it in your gut if you’re not prepared.
And when the fatigue sets in—and it will—you might make decisions you wouldn’t otherwise make. You might get fed up and pull the plug too early. That’s like selling a stock in a panic during a market dip or cashing out a life insurance policy before it matures. (Side note: do people still buy whole life insurance?)
The point is, litigation requires stamina. Emotional stamina. Strategic stamina. If you’re not prepared to endure the full arc of the case, don’t start it hoping you’ll somehow sprint through a marathon. The system isn’t built for speed. It’s built for attrition.
And for everything that matters in litigation, five things don’t. Procedural fights over search terms. Scheduling arguments. Scuffling about whether the judge needs paper copies. Most of it is noise that your lawyers will handle. But if you’re the person that’s going to be up all night, incessantly checking the docket for any tea leave of what’s going on—this might not be the most fruitful path, emotionally or financially, for you.
So ask yourself early: if this goes the distance, will I have the emotional fuel—and the strategic discipline—to finish strong?
Final Thoughts: Commercial Litigation Is a Business Tool
A complex commercial litigation lawyer should help you find clarity—not escalate your emotions.
We believe litigation can be redemptive. It can bring justice. But it should always be grounded in reason, not ego.
As it says in Luke 14:28: “For which of you, desiring to build a tower, does not first sit down and count the cost?”
The same applies here. If you’re going to litigate—especially in a high-stakes commercial dispute—you need to count the cost: the financial cost, the time, the emotional energy, and yes, the spiritual toll.
If you choose to go forward, get grounded. Keep your fitness up. Maintain your hobbies. Lean on a support system. And if you’re a person of faith, pray.
We believe a strong prayer life can bring perspective, humility, and peace—even in the middle of intense legal conflict. But whatever your beliefs, don’t try to walk through litigation without some form of centering practice.
Because if you can’t stay centered through the fire, you might not be ready to strike the match.
Equal Justice Solutions is a public benefit law firm and apostolate founded on Catholic social principles. We use high-level commercial litigation to fund impact-driven legal work. We believe in justice for all—even in the boardroom.
