Chapter § 1.11 Early-Stage Case Management

• Jurisdiction: United States
• Publication year: 2020

§ 1.11 Early-Stage Case Management

At the outset of litigation, in-house counsel should work with their selected outside counsel to evaluate the costs and benefits of litigating the case. A recent government study showed that the vast majority of cases never reach trial—97% of civil cases in state courts in the nation’s 75 largest counties were settled or were disposed of before trial.⁹⁵ The better the parties are able to assess the strengths and weaknesses of their case, the higher the chances of an early and satisfactory settlement.⁹⁶ An early and rigorous evaluation can result in a reduction of unnecessary litigation expenses, better decision making, and an improved ability to identify the causes of the litigation and prevent future claims. An early case evaluation should include at a minimum: (i) a proposed budget estimating costs in each stage of the litigation; (ii) a preliminary evaluation of the strengths and weaknesses of the plaintiff’s claims; and (iii) an evaluation of the settlement possibilities for the case. This early evaluation will guide in-house counsel in deciding how to proceed.

[1] Proposed Budget

A litigation budget can take many forms but (at least for engagements based on a straight hourly fee) should include the following information: (i) identify the scope of work to...