The past decade has ushered in significant new challenges in litigation case management. These include: the explosion in electronic discovery, the increasing importance of cross-border cooperation in litigation and investigations, and the expectation that counsel will keep abreast of, and communicate to their clients, changes in relevant legal rules and precedent on a virtually real-time basis.
These challenges have been accelerated by the global financial crisis, which has led clients to become more comfortable asking for, and coming to expect, services and fee arrangements tailored to their unique needs and goals. We are in an era of increasing competition and increasingly sophisticated legal consumers. The goal must be maximizing client value without sacrificing quality service. In the end, after all, the business of law really is all about the client and achieving its objectives.
The purpose of this article is to offer 10 big-picture tips to help litigators manage their cases to achieve not only the best legal outcomes for their clients, but also the best possible relationships with their clients.
1. Begin by asking how will the case end? Too often, after a case is filed, litigators do exactly what they have been trained to do: litigate full steam ahead. Instead, at the outset of every matter, effective case management demands that the end game be plotted first, in coordination with the client, with strategy and a work plan tailored to meet that end game.
Not every case will or should result in a trial: some should settle early, some cases should be resolved by dispositive motion (either pre- or post-discovery), and some should be tried. Determining up front how a case should end (while also recognizing that circumstances can change) will drive, among other things, staffing decisions, posture with opposing counsel, and resources devoted to developing the facts and/or potentially applicable legal arguments.
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Source: law.com
By: William M. McGuinness, Nick Cherryman and David B. Hennes
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1 comments:
Very interesting, I have just written some Management Training tips on important skills a project manager should have, just thought you would be interested to read them.
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