tips to reduce litigation costs secrets to reduce litigation costs

What Can I Do To Help Reduce The Anticipated Legal Bills In This Case

The answer is more than you might think. Time is money for attorneys, as they sell only time. For you, time is money too. Thus, by saving time, you save money. Once you have decided to consult with an attorney, put together a packet consisting of a Bullet Memorandum, An Indexed Exhibit Book, and a List of the twelve areas of weakness in the case.

Prepare A Bullet Memorandum

Create a ONE or TWO page summary of your case under these categories: (1) Parties in the case, including names, addresses and phone numbers; (2) A list of all potential witnesses with same information, including a synopsis of their scope of knowledge and anticipated testimony; (3) Summary of the background of the controversy; (4) Summary of the Relevant Facts; (5) Summary of what you want to accomplish by the litigation.

Assemble and Index An Exhibit Notebook

Collect any and all written evidence, perhaps a contract, letters, e mails, etc. Then, assemble them in chronological order. Complete a cover index and bind them in a loose leaf notebook. Do not include originals.

Important Practice Pointer: Most courts now have strong penalties for "spoliation," which means the destruction of evidence, including information in a hard drive. ALWAYS consult with your attorney before you delete ANYTHING.

Make A List of the 12 Biggest Weaknesses

Don't force your attorney to figure out all the weakneses in the case. Save time by identifying, in your view, the 12 biggest areas of argument against your case, i.e., "the dirty dozen." Your attorney may have additional areas of concern, but you will save time and money by putting all the cards on the table up front. This exercise, which is sometimes painful, will force you to come face to face with the whole story, and it will better assist your attorney in assessing the probabilities of risk in the case.

For best effectiveness, provide this information to your attorney THREE DAYS before you meet in person or via conference call. Not only will this information expedite and improve the quality of your first meeting, but it will give you an idea of whether the attorney has reviewed your materials and is therefore prepared. Don't expect the attorney to have all the answers when you first meet, but you should expect to hear some of the right questions if the attorney is well suited to your case.

It is often advisable to seek a "second opinion" in serious litigation matters, and attorneys are typically fine with a complimentary initial consultation, so don't hesitate to do so.

WARNING: In preparing this packet be sure to imbed a legend on each packet that says essentially, "THIS INFORMATION IS ASSEMBLED FOR LEGAL COUNSEL. IT IS CONFIDENTIAL AND PROTECTED UNDER APPLICABLE LAW."