Shaping the Litigation Management Plan
Requiring a disciplined systematic early case assessment process that yields a comprehensive litigation management plan (LMP) can often better position a party to develop early leverage over an adversary by highlighting what selective discovery might be taken along a critical path. The goal at Brown is to know the case to the greatest extent feasible before it begins to unfold in discovery. Ultimately, leverage to win typically comes about by positioning matters for trial in a way where your adversary believes a good settlement for you is a preferable alternative to a probable jury verdict in your favor. A single-minded focus on strategically working backwards from trial and using discovery as a surgical tool to focus on developing evidence that is essential to prove your case at trial flows from this approach.
Giving short shrift to the early case assessment process and adopting a learn as you go approach can sometimes result in a linear checklist type discovery plan. At Brown Law LLC the goal is to be strategically positioned as a result of discovery; not to just cover all the issues without proper thought as to the weight, emphasis, and relative importance of the ultimate issues at trial. Creating a mountain of paper you will never use at trial, or an aggregation of complex talking points that might bear at best off-hand mention in a mediation, is generally not cost effective. The early case assessment process positions Brown Law LLC not only to be more efficient and selective in targeting discovery but also promotes avoidance of the common pitfalls of a learn as you go approach. Read about the details of the methodology below.
Brown Law LLC—Case Assessment
Brown Law LLC believes there is an optimum intersection in any matter of the statutory and case law, facts from both documents and witnesses, and forensic and expert analysis that will best present the case as well as a cost effective route of managing the litigation. Brown Law LLC endeavors to identify both at the outset taking into account legal and business perspectives. Key principles of persuasion are developed that will provide the necessary leverage for a successful resolution and then implemented to achieve a result for clients in the shortest possible time frame. Damages are not an afterthought but need the same development as liability so that the judge or jury views damages from the client’s perspective. Brown Law LLC utilizes trial graphics and visuals to fully make use of the principles of persuasion that influence decision makers. The steps taken in the typical early case assessment process are as follows:
After collecting internal and external data, develop a “best case stated” in light of witness interviews, document review, expert/forensic theories, and applicable law.
Work backwards from trial to develop themes that will best communicate
the company’s position and expose the strategic vulnerabilities of
your adversary.
Formulate what selective discovery along a critical path is most likely to create leverage to achieve an optimum result, focusing on developing what is essential to prevail at trial.
Consider the company and industry history of related litigation, prior settlements, verdicts, and costs.
Review the nature of opposing party and counsel, judge, jurisdiction, and any co-parties.
Formulate cost-effective contingencies to address potential motion practice and discovery issues, including electronic discovery options.
Give full consideration to the business perspective taking into account internal disruption, and cost and effect on business relationships with vendors, customers, and even competitors.
Appraise publicity and perception in the wider public community including investment, regulatory, and employee reaction.
Explore the effect of adverse precedent either by way of verdict or settlement.
Compare litigation, ADR, and settlement options and appropriate timing of each to achieve the defined best result.
Deliver a case evaluation and confer with business and legal units to confirm the targeted best result as specified by the client and agree on fee options that will best control costs and incentivize the desired result.
