Adding the ECA process to your litigation or arbitration strategy, requires:
the ability to overcome a common litigation mindset: i.e., the desire to avoid costs for as long as possible since there’s often a perceived chance that the matter will settle, and then any early costs were in essence unnecessary.
coordination among internal counsel, business stakeholders and external legal counsel.
it is pertinent to evaluate data very early in the game to determine the merits of every potential case.
We like nothing better than an early and successful exit from the litigation process. The goal of Early Case Assessment is to estimate the risk (cost of time and money) of bringing or defending a legal case.
The process of Early Case Assessment (ECA) evaluates the risk in bringing a claim or defending a legal case. The goal of ECA is to develop an early understanding of the case and begin formulating a strategy.
We invest the time and energy to do an early strategic case assessment evaluating strengths and weaknesses to devise a strategy that will achieve a client’s goal as quickly as possible.
To provide the most effective representation possible, it is pertinent to evaluate data very early in the game to determine the merits of every potential case.
Key steps in a typical ECA
Early case assessment, as a managed process, requires customization to each case and client involved. Notwithstanding, some of the prevailing steps that we take during an ECA include:
Examination of the key facts;
Examine jurisdictional Issues
creating a comprehensive story and timeline of the case.
Consider non-economic factors and historical information regarding opposing party;
Legal analysis of the claims;
Assessment of relevant commercial interests and relationships;
Consideration of how the dispute impacts the organization’s wider objectives and goals;
Review of the potential dispute resolution processes that could be used including negotiation, ADR, arbitration, litigation or any combination thereof;
anticipate staffing of the case.
prepare a case budget estimating the total projected fees and costs.
Settlement Range / Non-Monetary Solutions
recommendations for settlement strategy, and an evaluation of the settlement value of the case.
create a plan, which consists of a strategy to get to the finish line of the case.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.