MOVE THE BALL
No case gets cheaper the longer its open. The fact is that almost any case, simply because of carrying costs, gets more expensive the longer it remains unresolved. This means that the faster litigation is concluded – by settlement, mediation, arbitration, or trial – the lower the cost of litigation should be. This requires prompt, proactive handling by your attorneys. However, proactive doesn’t mean hyperactive. We concentrate on getting the information necessary to move the case toward resolution. Sometimes that means simply serving a tailored set of interrogatories, obtaining key medical records or taking a deposition. Sometimes it means extensive written discovery and numerous depositions. But whatever is necessary, we work hard to get it done quickly and efficiently.
IT’S ALL IN THE PLANNING
Crucial to the handling of any legal matter is the early involvement of both the attorney and the client in a thorough review of the matter and the establishment of a plan and budget for its proper handling. The plan needs to be as specific as possible while at the the same time being flexible enough to allow for the inevitable change brought on by the discovery process.
The balancing act required to handle any particular case must take into account that it’s likely aspects of any case will mirror an earlier case or cases while at the same time involving new twists and turns that will make it unique. The goal of the litigation plan is to attempt to anticipate both the similarities and differences of each new matter. Only then can efficiencies be built into the litigation process.
The litigation plan not only must take into account the work that needs to be done, it also must take into account who will do the work. Many matters can be handled most cost-effectively by assigning the case to a single attorney who performs virtually all of the work on that matter. You simply don’t need a “team of lawyers” on every case. At the same time, the most cost-effective way to handle some complex matters is with more than one attorney or legal professional. If a matter presents a significant amount of work at different skill levels, not every aspect of the case needs to be handled by the most experienced attorney. Some things don’t even need to be handled by an attorney at all—they’re better handled by a paralegal, clerk or investigator. When those special cases arise, we create a team approach to handle them, assigning a senior attorney, junior attorney and paralegal to the case from the outset. In this way, the client benefits from the right person doing the right task at the right price.
Regardless of whether of the number of attorneys or legal professionals handling a matter, it is critical that the client not be required to pay for constant reviews. Frankly, we know that’s exactly the reason that many companies have become disenchanted when their matters are handled by more than one attorney.