Litigation Strategy & Risk Analysis

Claims and litigation are a perhaps unfortunate fact of life for any large organization. Aside from exposure to the claim itself, the legal bills to manage it can quickly mount up. The questions in any case are very difficult to answer: Should you settle the case, or go to trial? If settlement, for how much? Should you consider discovery and trial costs in determining settlement value? What are the key risks, and where should you focus expensive legal resources?

Counsel’s experience and judgment are your most valuable resources in managing litigation risk. We work closely with risk managers and counsel to make the best use of their wealth of experience, and to help them develop a better intuitive understanding of how to manage and resolve the case.

We do this by using the tools of decision analysis to quantify counsels’ judgment, and to show the implications of how complex uncertainties drive case value. The results are both an improved legal understanding of how to manage the case, and a business understanding of the dollar implications of alternative strategies.

We’ve used this process in dozens of cases, including cases where the potential liabilities were in the billions of dollars. We’ve also used the results to set reserves at insurance companies to cover the potential exposure in insured cases. For captive insurers self-insuring losses, the superior results from this process have enable reduced premiums, and sometimes even premium holidays.

We invite you to see for yourself the difference this process can make in managing litigation risk and setting case strategy. It all starts with the first case.


Litigate to Verdict or Settle?

It's the fundamental decision in any case. We help you understand when it's best to continue litigating or to settle and for how much. And we put it in terms that business decision makers can understand and use. 

 Very Costly to Visit. 

Legal fees and costs are a major part of any claim or case. We also evaluate the potential legal fees and costs so you can make economic decisions considering total exposure: legal costs and potential indemnity exposure. And we'll include the potential impact on other cases to assure your total case management strategy is fair and makes business sense. 


Scary Verdict?

Entirely possible. We help you understand the odds and exposure to minimize unpleasant surprises in litigation. 

Decision Tree

Just one of the tools we use to lay out what could happen, and how the factors could affect each other. Is credibility of one of the parties or witnesses a major issue? We'll lay out how exposure is affected by who the trier-of-fact believes.