1. Litigation Management
Roles and Strategies
November 2, 2018
Presented by:
Tom Baber, Director, Casualty Claims

2. What is Litigation Management?
Applying best practices to control legal defense costs balanced with executing a strategy to achieve the best outcome.
Guided by litigation policies
Experience
Legal and political environment

3. Why is Litigation Management Important?
Most costly part of a liability program
SCORE’s litigation history-last five years
Litigation rate
Legal costs vs. Loss payments & total incurred
All Claims
Litigated Claims
Total Claims
Litigated
Litigation Rate
280 12 4%
Total Incurred
Loss Paid/Reserved
Total Legal Costs
1,356,078
1,097,266
241,886
Total Incurred
Loss Paid/Reserved
Total Legal Costs
320,779
54,503
241,886

4. Why is Litigation Management Important?
Trials are unpredictable and can have costly outcomes
Large runaway verdicts
Plaintiff Attorney’s fee exposure in civil rights cases
Adverse publicity
Creates bad law
Invites more claims and lawsuits

5. The Litigation Process
The Complaint
What if the City is served?
Venue – State Court vs Federal Court
Elements of the Complaint

6. The Litigation Process: The Complaint

7. The Litigation Process: The Complaint

8. The Litigation Process: The Complaint

9. The Litigation Process: The Complaint

10. The Litigation Process: The Complaint

11. The Litigation Process: The Complaint

12. The Litigation Process
Defense Counsel
Selecting and assigning to defense counsel - It’s more than the hourly rate.
Venue/Location
Type and Nature of Case
Depth of Resources
Trial Experience
Part of the litigation management tool chest
Litigation management policies and agreements
SCORE’s defense panel
Use and enforcement of litigation budgets and agreed plans
Interactive communication

13. The Litigation Process
Responsive Pleadings
Demurrer
Answer
Discovery
What is it?
Interrogatories/Requests for Production
Depositions
Declarations
What is the City’s role?
What if I am deposed?
Experts
Why and how are they used?
Expensive
Types
Causation
Damages

14. The Litigation Process
Motion for Summary Judgment (MSJ)
Why and how is it used?
Eliminate Causes of Action and defendants
Leverage in settlement
ADR and Settlements
Arbitrations
Mandatory Settlement Conference (MSC)
Mediation
Structures
Trial
Unpredictable and Costly
Decision Factors
City Role
What if I am called to testify?
Appeals

15. Questions?