A Litigation Management Proposal

Submitted by
Suchocki & Associates, PC
One Summit Avenue, Suite 312
Fort Worth, Texas 76102
(817) 338-0088
@copyright

Outline

	Objective
	The Management Method
	Litigation Management: Definition
	Representative Categories: To Be Defined
	Litigation Management
		Case Categories
		Discovery Categories
		Direct Reporting
	Advantages for Management

Objective

	To recommend a Management Method that can:
		Maintain & increase quality of representation.
		Provide comprehensive visibility to management.
		Reduce overall litigation costs.
		Create and maintain a plan for the disposition of each case.
		Create a feed-back mechanism to provide growth, refinement
		and/or re-definition.

The Management Method

	The proposed management  method is a proven, effective method of managing a large project that provides control, visibility and accountability.
		It  has a built-it mechanism for re-definition, growth, feed back and fine tuning.
		This is a management tool used by NASA to define, develop and test the space shuttle software.
		A firm member has personal experience with NASA development of space shuttle software.
		Our firm has experience in implementing a form of this management method. We previously managed litigation for an elevator company throughout the State of Texas.

Litigation Management
Definition

		We propose to apply the management method to Litigation Management.
		Organize each case into a category, as a function of liability and damages.
		Define and assign a discovery level for each category.
		In addition to standard reporting, include a periodic personal briefing to management that will provide:
			Visibility as to number of cases in each category.
			Current accounting of attorney fees and costs.
			Critical reporting of major cases and category changes.
			Attorney accountability for case development.
			Discussion of problems, strategy and goals.
			An ongoing forum to control costs.
			A basis for an action plan for case disposition.

Representative Categories
To be Defined

	Liability
		0 to 20%       Minimal Risk
		20 to 40%       Acceptable Risk
		40 to 60%   Equal Risk
		60 to 80%   High Risk
		80 to 100%   Unacceptable Risk
	Damages
		Less that 10K       D1
		10K to 50K     D2
		50K to 100K D3
		100K to 250K  D4
		250K to 500K D5
		500K to 1M D6

 Litigation Management
Case Categories

	Category One
		Minimal Risk with D1- D2 Damages
		Level 1 Discovery
		Nuisance Settlement or Trial
	Category Two
		Minimal Risk with D2-D5 Damages
		Level 2  Discovery
		Defense Cost Settlement or Trial
	Category Three
		Minimal Risk with D5 or Greater
		Level 3  Discovery
		Demand                         Risk

 Litigation Management
 Case Categories

	Category Four
		Acceptable Risk with D1-D4 Damages
		Level 2  Discovery
		Defense Cost Settlement or Trial
	Category Five
		Acceptable Risk with D4 or Greater
		Level 3  Discovery
		Demand                         Risk

Litigation Management
 Case Categories

	Category Six
		Equal Risk with D1-D4 Damages
		Level 2  Discovery
		Defense Cost Settlement or Trial
	Category Seven
		Equal Risk with D4 or Greater
		Level 3  Discovery
		Demand                         Risk

Litigation Management
 Case Categories

	Category Eight
		High Risk with D1-D3 Damages
		Level 4  Discovery
		Demand                         Risk
	Category Nine
		High Risk with D3 or Greater Damages
		Level 4  Discovery
		Mediation

Litigation Management
 Case Categories

	Category Ten
		Unacceptable Risk with any  Damages
		Level 4  Discovery
		Mediation

 Litigation Management
Discovery Categories

	Level 1
		Interrogatories; Production; Admissions; Disclosure
		Medical, Personnel Records and Photographs
		Non-Stenographic Deposition of Plaintiff
		Telephone Interview  of Witnesses
	Level 2
		Interrogatories; Production; Admissions; Disclosure
		Medical, Personnel Records and Photographs
		Deposition of Plaintiff
		Interview/Deposition of Witnesses

 Litigation Management
 Discovery Categories

	Level 3
		Interrogatories; Production; Admissions; Disclosure
		Medical, Personnel Records and Photographs
		Deposition of Plaintiff
		Mediation
		Deposition of Critical Witnesses
		Medical/Liability Expert, as necessary
	Level 4
		Interrogatories; Production; Admissions, Disclosure
		Medical, Personnel Records and Photographs
		Deposition of Plaintiff
		Depositions of Critical Witnesses
		Liability Consultant
		Mediation/Settlement

Litigation Management
 Direct Reporting to Management

	Periodic reporting to management by defense attorneys to include such items as:
		Comprehensive report of status of all cases in manageable format.
			Number and category of cases.
			Red flags, problems & concerns.
			Cases set for trial.
			Disposition dates for each case.
			Summary of ongoing costs and project costs, per case and total.
		Visibility for significant litigation.
		Forum for discussion of strategy and options.
		Forum for discussion of  methods to control costs.
		Overall budget control.
		Action item list for follow up.

Advantages For Management

	Provides Management  the opportunity for direct review and input into defense strategies on a cooperative level.
	Defense counsel is directly accountable for explaining status, rationale and strategy.
	Provides visibility into significant cases for both liability/damages and costs.
	Strengthen the relationship of trust, understanding and loyalty between defense counsel and client.
	Provides comprehensive visibility into all litigation for a section of Texas.
	Provides a direct means of controlling overall litigation costs.
		Develop a working relationship and guideline for cost control
		Guard against protracted and unnecessary discovery
		Generate and maintain statistics on average  cost per case
	Provides a goal oriented disposition plan for each case