22.4 Managing Litigation

• Library: Virginia Construction Law Deskbook (Virginia CLE) (2019 Ed.)

22.4 MANAGING LITIGATION

22.401 Communication with Client. Not every construction case can be managed in the same manner. The approach to a case where the amount in controversy is $100 million is different from that of a $100,000 case or one involving $25,000. Before deciding how to staff and prepare the case, the attorney should discuss it with the client. The best case/worst case scenarios should be described to acquaint the client with the potential risk and reward involved. A clear statement from the client regarding his or her goals in the case and the client's understanding of the budgetary requirements for accomplishing it should also be obtained. The client must understand and approve what can be done within its the budget constraints.

22.402 Document Organization. There are a few basic guidelines for document organization that apply to all construction cases. Regardless of the size of the case or the budget, documents are going to be gathered from the client, from third parties, and through discovery. Whether document production is voluminous or nothing more than a single file folder, an organization system should be established from the outset. The attorney should...