1. Effective Litigation Management
Doing a Good Job at “Herding Cats”
TexasBarCLE 11th Annual Advanced In-House Counsel Course

2. Today’s Roadmap Early Case Assessment Decision Tree Analysis
Advanced Settlement Techniques
For a link to this presentation, see settlementperspectives.com
For a link to the paper for this course, click here

3. Early Case Assessment

4. What is an Early Case Assessment?“
A disciplined, proactive case management approach designed to assemble, within 60 days, enough of the facts, law, and other information relevant to a dispute to evaluate the matter, to develop a litigation strategy, and to formulate a settlement plan if appropriate. “

5. Why Do an ECA? More Informed Decisions Better Results
Who Your Lawyer Should Be
What They Do
How You Pay Them
Better Results
Better Settlements
Better Outcomes

6. The Checklist, Part I Facts Law Claims Summary Timeline
Interview Summaries
Documents
Experts
Themes
Other Side’s Position
Facts
Jury Charge
Legal Issues Summary
Law

7. The Checklist, Part II Forum, Your Opposition and More Plan Strategy
Venue Analysis
The Opposition
Insurance
Other Circumstances
Plan
Strategy
Budget
Settlement Plan

8. Decision Tree Analysis

9. “ “ What Is a Decision Tree?
An illustration that shows the various possible outcomes in a lawsuit and helps the parties evaluate the costs, risks and benefits of each outcome. “
- Daniel Klein

10. Why Do a Decision Tree? Yogi Berra’s Advice
A Different View of Your Case
Events
Contingencies
Timelines
Probabilities
Costs
What Does “Unlikely” Mean?

11. More Reasons to Do a Decision Tree
Clients like – and need – data
Image from resolutiontree.com
For more on this case, click here

12. How Do You Create a Decision Tree?1 2 3 4
List Litigation Events
Input Costs / Gains of Each
Enter Probability Each Will Occur
Do the Math

13. Advanced Settlement Techniques

14. Rule Number One “
Don’t let your case be something you spend a hundred grand a month on until everyone’s ready to deal with it. “

15. Settlement Counsel “
We do not expect our generals to be diplomats, nor our diplomats to be generals. “
Three Questions
When?
How?
How Much?

16. Blind Bidding Enhancement
Do I Even Have a Dispute?
Tailor the Process to Fit Your Needs

17. Non-Binding Arbitration
Clients Get Their Day in Court
Lawyers Get Another Perspective
Negotiators Get Something to Talk About

18. Settle Halfway
What’s Really in Dispute?
One Example

19. High/Low Agreements
Why?
How?

20. Mediators’ Proposals Is It…
A Recommendation?
An Evaluation?
A Tool?
Are You Negotiating for a Proposal or a Settlement?

21. Contact John DeGroote Robert Manley Frank Vecella jd@johndegroote.com
Frank Vecella