The client typically is American, but with increasing frequency, both the client and the forum are outside the United States. One's attention is drawn immediately to differences in language and in legal systems. Most American lawyers are monolingual, which is regrettable, but not quickly remedied. The American lawyer also generally is not expert in other legal systems. In these circumstances, it is, of course, vital to select and to work closely with patent and legal counsel in the forum country.
Translations usually are necessary.
The author respectfully submits, however, that principles of effective advocacy transcend language, national borders, and legal systems. As a member of an international litigation team, the American lawyer can and should make a substantive contribution through her knowledge of the facts, the client, the technology, and the industry. But even more than this, the American lawyer can use her skills in the preparation of the case, using the principles of effective advocacy to present a compelling story to the court. There is a great deal of hair-splitting in patent litigation. Issues often are multiplied unduly, perhaps nowhere more so than in the United States.