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Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Effective Litigation Management Doing a Good Job at Herding Cats TexasBarCLE 11th Annual.

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Presentation on theme: "Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Effective Litigation Management Doing a Good Job at Herding Cats TexasBarCLE 11th Annual."— Presentation transcript:

1 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Effective Litigation Management Doing a Good Job at Herding Cats TexasBarCLE 11th Annual Advanced In-House Counsel Course

2 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Todays Roadmap 2 Early Case Assessment Decision Tree Analysis Advanced Settlement Techniques For a link to this presentation, see settlementperspectives.com For a link to the paper for this course, click here

3 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Early Case Assessment 3

4 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella What is an Early Case Assessment? 4 A disciplined, proactive case management approach designed to assemble, within 60 days, enough of the facts, law, and other information relevant to a dispute to evaluate the matter, to develop a litigation strategy, and to formulate a settlement plan if appropriate.

5 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Why Do an ECA? 5 More Informed Decisions Who Your Lawyer Should BeWho Your Lawyer Should Be What They DoWhat They Do How You Pay ThemHow You Pay Them Better Results Better SettlementsBetter Settlements Better OutcomesBetter Outcomes

6 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella The Checklist, Part I 6 Claims SummaryClaims Summary TimelineTimeline Interview SummariesInterview Summaries DocumentsDocuments ExpertsExperts ThemesThemes Other Sides PositionOther Sides Position Jury ChargeJury Charge Legal Issues SummaryLegal Issues Summary Facts Law

7 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella The Checklist, Part II 7 Forum, Your Opposition and MoreForum, Your Opposition and More Venue AnalysisVenue Analysis The OppositionThe Opposition InsuranceInsurance Other CircumstancesOther Circumstances PlanPlan StrategyStrategy BudgetBudget Settlement PlanSettlement Plan

8 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Decision Tree Analysis 8

9 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella What Is a Decision Tree? 9 An illustration that shows the various possible outcomes in a lawsuit and helps the parties evaluate the costs, risks and benefits of each outcome. - Daniel Klein

10 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella10 Why Do a Decision Tree? Yogi Berras Advice A Different View of Your Case EventsEvents ContingenciesContingencies TimelinesTimelines ProbabilitiesProbabilities CostsCosts What Does Unlikely Mean?

11 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella More Reasons to Do a Decision Tree 11 Image from resolutiontree.com For more on this case, click here Clients like – and need – data

12 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella How Do You Create a Decision Tree? 12 List Litigation Events Input Costs / Gains of Each Enter Probability Each Will Occur Do the Math 1 1 2 2 3 3 4 4

13 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Advanced Settlement Techniques 13

14 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Rule Number One 14 Dont let your case be something you spend a hundred grand a month on until everyones ready to deal with it.

15 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Settlement Counsel 15 Three Questions We do not expect our generals to be diplomats, nor our diplomats to be generals. When?How? How Much?

16 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Blind Bidding Enhancement 16 Do I Even Have a Dispute?Do I Even Have a Dispute? Tailor the Process to Fit Your NeedsTailor the Process to Fit Your Needs

17 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Non-Binding Arbitration 17 Clients Get Their Day in CourtClients Get Their Day in Court Lawyers Get Another PerspectiveLawyers Get Another Perspective Negotiators Get Something to Talk AboutNegotiators Get Something to Talk About

18 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Settle Halfway 18 Whats Really in Dispute?Whats Really in Dispute? One ExampleOne Example

19 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella High/Low Agreements 19 Why? How?

20 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Mediators Proposals 20 Is It… A Recommendation?A Recommendation? An Evaluation?An Evaluation? A Tool?A Tool? Are You Negotiating for a Proposal or a Settlement?

21 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella Contact 21 John DeGroote jd@johndegroote.com Robert Manley manley@mckoolsmith.com Frank Vecella frank.vecella@ericsson.com

22 Copyright © 2012 John DeGroote, Robert Manley and Frank Vecella22


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