Notwithstanding the most proactive litigation avoidance efforts, most companies face some volume litigation claims that must be defended. Companies sometimes compound inherent problems that a litigation claims present by a failure to appropriately manage the litigation process.
The responsibility for managing litigation claims involves a collaborative effort between the outside counsel and one or more client representatives -- who whether in-house lawyers or members of management tasked with this responsibility. From the moment a pre-lawsuit demand letter arrives until the litigation process is completed, managing the requires a proactive approach between client and counsel.
The litigation costs must be managed. An appropriate team of outside counsel, experts and consultants must be coordinated. Documents, including e-mails and other electronically stored information (ESI) must be preserved for discovery. Managing all of these details must not distract from the big picture: solving the litigation problem, whether through a creative settlement or by taking the case all the way to trial or an arbitration.
Litigation mismanagement results in cases that should be settled being tried and cases that should be tried being settled on unfavorable terms. A failure to communicate and understand the process results in litigation costs spiraling out of control.
The last three chapters of the book de-mystify the litigation process, providing a user-friendly guide for those facing this foreboding ordeal.