Transcription of Case Assessment and Evaluation - Gibson Dunn
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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. The pre-litigation phase may be the best time to dispose of litigation for the least cost and municipalities, states and federal agencies require a claimant to provide notice of a claim 30 days or more before filing a lawsuit against a governmental entity.
statement and closing argument for both sides of the case. Although counsel may recoil from this suggestion at such an early stage, preparing these materials forces counsel to identify themes, witnesses and evidence and helps distinguish between mere assumptions about exposure and reality. To say that a case is
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