Tips For GC Trying To Survive The Litigation Pandemic

By on July 1, 2020

July 1, 2020

Covid-19 related litigation is trending up and there is no indication that the curve will flatten anytime soon. Along with retaliation and discrimination claims, the pandemic has apparently accelerated the filing of ordinary wage and hour claims. Contracts and insurance are two more areas seeing substantial upticks. Mark B. Wilson of Klein & Wilson offers several tips for keeping costs down. He suggests requiring law firms to prepare a comprehensive litigation roadmap and budget as soon as they’ve had enough time to review the case, usually within the first 60 days. General counsel should insist that outside counsel understand their goals from the beginning, and draft a written case analysis with those goals in mind. Once armed with the analysis and a budget to go with it, they can make an informed business decision whether to contest or settle the case. Early and comprehensive case analysis leads to more predictable outcomes, minimizes wasteful discovery and motion expenses, and saves overall legal fees. Wilson says that small firms with trial experience provide a cost-effective solution to shrinking litigation budgets.

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