Litigation Management Practice Area
Litigation Can Be the Largest Legal Expenditure for a Company
The most costly and risky legal work for a typical company is prosecuting or defending litigation. Because litigation is subject to so many factors that cannot be controlled, it is difficult to accurately budget legal expenses (which include attorney’s fees and the potential trial verdict) and to predict the outcome. Secondly, the company is at risk of losing a large adverse judgment which is usually disproportionate to the business activity which gave rise to the verdict.
The typical lawsuit can take at least two to three years to run its course. During the suit, management must supervise the suit and devote significant resources to defending or prosecuting the suit. This diverts management’s time from pursuing the real business of the company. Different outside counsel can be unaccountable and can take different approaches, making them difficult to reliably supervise. An unfavorable, needless trial verdict can seriously affect earnings, insurance premiums, cash flow, and induce other parties to institute litigation against it. In unusual cases litigation can threaten the very existence of a company. These risks are especially acute for the company which is fighting lawsuits simultaneously in several jurisdictions.
All of the above risk factors contribute to making litigation a real headache. Not only are litigation fees unpredictable, they can become a steady, monthly drain on profitability. These risks are especially acute for the company with litigation being contested simultaneously in several jurisdictions.
Reduce Your Litigation Expenditures
The attorneys at CorpLaw Associates have extensive experience managing a wide range of complex commercial litigation and implementation. We can help you minimize your risk, reduce costs, reduce the burden on management, and increase certainty during litigation procedures used to manage litigation. We have managed litigation involving issues ranging from employment to patent infringement to shareholders claims to antitrust to breach of contract to product liability. We have managed hundreds of cases with hundreds of millions of dollars at risk – in state courts, federal courts, and international tribunals.
Our approach is that litigation should be quantitatively and systematically managed like every other aspect of your business operations. Let us help you do this.
Legal Services Available
We can provide these services to you:
- Create Suit Evaluation Templates
- Construct early evaluation disciplines
- Design methods to choose counsel
- Build Alternative Dispute Resolution (ADR) systems
- Determine litigation goals
- Review counsel billing practices
- Assess outside counsel’s performance
- Provide a Litigation Plan Template
- Train to use quantitative settlement methodologies
- Prevent future litigation
- Implement decision-making probability trees
- Conduct Win-Loss Analyses
- Examine past settlements
The Common Litigation Scenario
Problem: We often see litigation proceeding like this: suit is filed against the corporation, management reasonably believes they have done nothing wrong, the company hires aggressive and thorough counsel who pursues all possible defenses in order to teach the other party a lesson (often manifested as sparing no expense) the company is passionate that they do not need to settle, counsel does not much pursue settlement, discovery is conducted, positions continue to harden, some negative information about the company’s position is discovered, the company continues to hope they do not have to pay anything, trial approaches and for the first time counsel advises the company that certain risks require the company to seriously consider settlement. Then, settlement occurs eighteen months later.
Solution: Does the above sound familiar? We can help you avoid this situation. We can implement improved litigation management methods, saving you money and possibly even improve your typical results. These methods can help:
- Conduct early case evaluation (90 days)
- Create litigation budgets
- Be knowledgeable of the legal and factual issues driving settlement
- Use Litigation Plans
- Adopt decision-making trees
- Evaluate settlement early
- Integrate outside counsel activities and business goals
Let CorpLaw help protect your company from avoidable risks and excessive litigation expenses.
Resources for Litigation Management
Our Accomplishments in this area will help you understand our expertise in this area choose Litigation Management Accomplishments.
To read an interesting article on this subject, choose Optimizing Litigation Results for your Company article.
For a copy of our Litigation Management Services Offering in .pdf format, chooseCorpLaw Services for Litigation Management.