Originally from Alternatives to the High Cost of Litigation

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In today’s litigious environment, one of the greatest challenges facing in-house counsel is how to control litigation costs while protecting the company and its assets from attack. 

As an initial step for balancing transaction costs with potential liability and damage determinations, corporate litigation counsel often employ early case assessment tools and techniques—some of their own design and other, off-the-shelf, commercially available products and systems.

Outside trial counsel often are ill-equipped to undertake early case assessment either because they are less familiar with the company, its culture, products and employees than the in-house counsel, or because early case assessment may not be perceived to be in the trial counsel’s best interest. 

Early case assessment does not always lead to early resolution. But it helps to define the case parameters and provide a reality check. Litigation’s high costs and stakes are key factors in deciding whether to roll the dice. Establishing precedent, protecting intellectual property, or needing to defend a “bet the company case” may dictate a decision to proceed to trial. But most cases only involving money may be more efficiently disposed of at an early litigation stage.