Litigation Strategies that Lower Overall Costs

This panel will discuss concrete litigation strategies that can be employed to lower the costs and fees associated with the litigation while not driving up settlement values.  

To lower costs, the goal of a case must be decided at the start of the litigation.  If settlement is anticipated – as is usually the case - cases can be managed to lower overall fees and expenses while posturing the case for an early and fair resolution.  Especially in cases where anticipated values are can be estimated at the outset, early resolution can often be achieved before any significant costs are incurred. This is particularly true in matters that have established values from similar prior litigation.  The misconception that every case must be fully worked up and defended before the best settlement can be achieved may benefit defense counsel but is very rarely true.  At the outset of the case, counsel should identify exactly what is needed to be able to settle the case, and then only take actions that help to obtain that information.  Taking multiple depositions, hiring expensive experts, and engaging in protracted discovery can often be avoided if a good plan is followed from the outset of the case.  Costs can also be lowered, and the path to resolution sped up, by maintaining a respectful working relationship with opposing counsel rather than fighting on meaningless points and setting a tone of confrontation.  Selecting a defense counsel that understands and embraces this approach is critical.  

The panel will discuss how to identify cases where this strategy should be employed, developing an initial plan, identifying key information needed to resolve cases early, negotiation strategies, and other practical advice on savings costs and fees through strategy.  The panel will also address multijurisdictional litigation and negotiation and how to avoid running afoul of state specific unauthorized practice of law regulations.