Rees Morrison, Esq., is an expert consultant to general counsel on management issues. Visit his website, ReesMorrison.com, write Rees@ReesMorrison(dot)com, or call him at 973.568.9110.
Related Posts with Thumbnails

Past Posts by Category

  • Benchmarks
  • Clients
  • Knowledge Mgt.
  • Non-Law Firm Costs
  • Outside Counsel
  • Productivity
  • Showing Value
  • Structure
  • Talent
  • Technology
  • Thinking
  • This Blog
  • Thoughts/Observations
  • Tools

  • Past Posts by Month

  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • March 2006
  • February 2006
  • January 2006
  • December 2005
  • November 2005
  • October 2005
  • September 2005
  • August 2005
  • July 2005
  • June 2005
  • May 2005
  • April 2005
  • March 2005
  • February 2005



































  • Technorati Profile Creative Commons License This blog is licensed under a Creative Commons Attribution 3.0 United States License.

    « Absence of paralegals throws off international staffing metrics | Main | Reducing the number of firms retained usually means increasing their size and cost structure »

    Weed-whacking litigation costs: arbitration clauses, staffing, and digesting transcripts

    The law office of Vincent DiCarlo posted a short piece entitled “how to reduce the high cost of litigation” (www.dicarlolaw.com).  All the advice mows down the weeds of excess litigation costs, but a few seemed especially cutting edge. 

    On the bugaboo of wasteful staffing, DiCarlo offers a rule of thumb: “If you have more than one lawyer and one paralegal regularly working on your case, and the litigation is unlikely to result in a judgment of more than half a million dollars, you should ask your lawyer about staffing.”  Sounds like good guidance to me.  I wonder if anyone has looked at total billers in relation to the plausible judgment range; does two per half million dollars or so sound plausible?

    Use customized arbitration clauses, says DiCarlo, and explains clearly in two pages why they are so flexible and effective. 

    DiCarlo slashes at the weed of digesting transcripts in an era of powerful text-searching software.  Digests cost wads of money but can’t beat search software.  (I wonder if the brain of

    John Henry sometimes can outdo the machine of search engines.)  Another cost saver concerns calculating the difference between the trial value of a case and its settlement value. 

    Some of DiCarlo’s more substantive recommendations I can’t evaluate: for healthy and friendly witnesses, use written statements instead of depositions; answer instead of demurring; don’t seek preliminary relief unless you need it, have a good chance at success, and deem the cost worth it; and purge your complaints of fanciful causes of action.

    Posted on March 29, 2005 at 09:46 PM in Outside Counsel | Permalink

    TrackBack

    TrackBack URL for this entry:
    http://www.typepad.com/services/trackback/6a00d834519fb069e200d8350f438f53ef

    Listed below are links to weblogs that reference Weed-whacking litigation costs: arbitration clauses, staffing, and digesting transcripts:

    Comments

    Feed You can follow this conversation by subscribing to the comment feed for this post.

    The comments to this entry are closed.