Presentation is loading. Please wait.

Presentation is loading. Please wait.

Effective Litigation Management

Similar presentations

Presentation on theme: "Effective Litigation Management"— Presentation transcript:

1 Effective Litigation Management
Doing a Good Job at “Herding Cats” TexasBarCLE 11th Annual Advanced In-House Counsel Course

2 Today’s Roadmap Early Case Assessment Decision Tree Analysis
Advanced Settlement Techniques For a link to this presentation, see For a link to the paper for this course, click here

3 Early Case Assessment

4 What is an Early Case Assessment?
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 Why Do an ECA? More Informed Decisions Better Results
Who Your Lawyer Should Be What They Do How You Pay Them Better Results Better Settlements Better Outcomes

6 The Checklist, Part I Facts Law Claims Summary Timeline
Interview Summaries Documents Experts Themes Other Side’s Position Facts Jury Charge Legal Issues Summary Law

7 The Checklist, Part II Forum, Your Opposition and More Plan Strategy
Venue Analysis The Opposition Insurance Other Circumstances Plan Strategy Budget Settlement Plan

8 Decision Tree Analysis

9 “ “ What Is a Decision Tree?
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 Why Do a Decision Tree? Yogi Berra’s Advice
A Different View of Your Case Events Contingencies Timelines Probabilities Costs What Does “Unlikely” Mean?

11 More Reasons to Do a Decision Tree
Clients like – and need – data Image from For more on this case, click here

12 How Do You Create a Decision Tree?
1 2 3 4 List Litigation Events Input Costs / Gains of Each Enter Probability Each Will Occur Do the Math

13 Advanced Settlement Techniques

14 Rule Number One Don’t let your case be something you spend a hundred grand a month on until everyone’s ready to deal with it.

15 Settlement Counsel We do not expect our generals to be diplomats, nor our diplomats to be generals. Three Questions When? How? How Much?

16 Blind Bidding Enhancement
Do I Even Have a Dispute? Tailor the Process to Fit Your Needs

17 Non-Binding Arbitration
Clients Get Their Day in Court Lawyers Get Another Perspective Negotiators Get Something to Talk About

18 Settle Halfway What’s Really in Dispute? One Example

19 High/Low Agreements Why? How?

20 Mediators’ Proposals Is It…
A Recommendation? An Evaluation? A Tool? Are You Negotiating for a Proposal or a Settlement?

21 Contact John DeGroote Robert Manley Frank Vecella
Frank Vecella


Download ppt "Effective Litigation Management"

Similar presentations

Ads by Google