Case Analysis

The single factor that drives case settlement is uncertainty. How much will it cost to litigate this case? How will a judge decide summary judgement issues? What will a jury do with this case?  With over three decades of case review in more than 1,500 cases, we have developed a unique new system for evaluating both the risk and opportunities in litigation so that our clients can have more certainty about developing and planning litigation as well as improve their decision making to  settle or try an case.  Until now, there has not been a systematic method to assess both the legal, factual, and non-substantive variables that greatly influence case.

This system employs both quantitative and qualitative evaluation methods. First the client analyzes 18 main variables that play the most important role in determining the course and outcome of the litigation. A numerical risk/opportunity rating is placed on each of these variables. Then, with you, we employ a rigorous qualitative evaluation of these significant factors to understand how to modify the discovery plan and litigation strategy to better position your case for either settlement or trial.

This system is designed to be modified at different stages of litigation (early case review, mid-discovery, pre-trial) to anticipate the dynamic litigation process, to improve the predictive abilities of counsel and clients to maximize recovery, minimize exposure, and make the litigation process more efficient and cost effective.