What is an early case assessment?
Before you commence legal action, you must know the pros and cons and take into account a much wider range of factors and implications than just the question of whether you will win or lose. There are many methodical variations of this exercise and commonly referred to as Early Case Assessment, Early Case Evaluations, etc.
The goal of Early Case Assessment is to estimate the risk (cost of time and money) of bringing or defending a legal case, develop an early understanding of the case and begin formulating a strategy.
Who needs it?
Depending on the complexity of the case, the money at stake, and your own unique circumstances, the firm may recommend clients to conduct an early case assessment, before significant sums of monies are spent pursuing or defending a legal action.<br>
A pyrrhic victory (a victory won at too great a cost to have been worthwhile for the victor) is a very common phenomenon in the world of litigations and arbitrations. A commercially literate and astute lawyer would help you take into consideration the direct and indirect potential monetary costs and any identifiable collateral damage that might occur in the course of the legal proceedings.
With Early Case Assessment clients make an informed and assertive decision whether launching the legal case would serve their business and financial purpose, whilst bearing in mind the legal costs which they will incur.
What we do
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.
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.
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 the 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.