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Some may wonder why a partner in a major law firm is going to tell you how to save money on litigation legal expenses. The answer is simple. My job, first and foremost, is to obtain the best possible result for my clients. In my view (and the view of my colleagues), achieving the best result includes cost efficiency and cost effectiveness. Over the course of 18 years, I have had a front row seat to a wide range of client approaches to managing ' or not managing ' legal fees. The keys to controlling costs in major litigation are as follows:
1. Be Clear On Your Goals And The Possible Outcomes Of The Litigation
It is critically important to devote time at the commencement of litigation to defining clear goals and understanding the possible outcomes of a litigation. Indeed, there should be a face-to-face meeting at the commencement of any litigation matter to review the client's objectives, the major facts, the options available and the probable outcomes of the various options. While it will result in some additional cost up front, you should ask your lawyer for a reasonably detailed written summary of these items as well as an analysis of the strength of the legal claims involves. This will force everyone involved to think through the strategy together at an early point in the case and document the goals to be achieved. It also provides a strategic reference point as the case progresses. In some cases where there are emergency issues (for example the need for an injunction or the need to defeat a request for an injunction), there may not be time to complete a written analysis first. However, in such cases, the written analysis can be done as soon as possible thereafter.
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