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Case Assessment and Evaluation - Gibson Dunn

Copyright 2013 Practical Law Publishing Limited and Practical Law Company, Inc. All Rights Reserved. Knowing the adversary. Developing a game plan. Creating a litigation budget. Conducting a mock trial and survey. Charting potential outcomes for each stage of a OF PRE-LITIGATION ASSESSMENTC ounsel should not wait until a complaint has been served to start assessing and evaluating a case . The process should start once litigation is likely or merely foreseeable. Counsel must tailor each Assessment according to the specific facts. In complicated cases and in cases with significant risk exposure, counsel should take certain basic steps within 30 to 60 days of learning of a potential (or actual) lawsuit.

Identifying, collecting and verifying the pertinent facts. ... This Practice Note examines the factors defense counsel should consider to estimate costs ... relevant data usually requires third-party document management software capable of tracking and organizing massive volumes of

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