KEEP YOUR LAWYER ON A LEASH Is the Tail Wagging your Litigation Dog?

MYTH VS. FACT  Using a litigation plan will always save you time and money because it plots an organized approach and timely handling of litigation issues.

MYTH VS. FACT  Pre-suit, or early mediation, is useless unless you already know you want to settle a case.

MYTH VS. FACT  Any attorney can defend any case.

MYTH VS. FACT  Settling cases only encourages the local plaintiff bar to file more cases.

MYTH VS. FACT  High dollar attorneys are always better than less expensive attorneys.

MYTH VS. FACT  You should never pay two attorneys to try a case representing one defendant.

MYTH VS. FACT  You should regularly assess your attorneys’ performance and gauge the assignment of additional work based upon performance.

MYTH VS. FACT  Discovery must be completed prior to an attempt to resolve a questionable claim.

MYTH VS. FACT  Adjusters shouldn’t do any investigation once a case is given to an attorney after suit is filed.

MYTH VS. FACT  Some defense firms succumb to internal pressures to “take the slow boat” toward a case evaluation and decision point, because they feel the need to use every case to train their associates, or because they feel the case isn’t “financially mature”.

MYTH VS. FACT  “Fee-shifting” cases are particularly dangerous because some plaintiff attorneys will resist serious settlement negotiations while they build their fees.

MYTH VS. FACT  Politics has no place in Litigation Management.