Earlier Equals Cheaper, or When Bluster Fails

We've noticed a pattern.

When a case might settle why should you spend money preparing the evidence? Perhaps just inexpensive 'bluster' will win the day and with less spend on the case everyone is happy. 

The trouble is when opposing counsel calls your bluff or bluster fails now there is a SCRAMBLE to prepare for the real battle. 

Short timelines mean higher costs associated with working through the weekend and late into the evenings - tick tock. 

Short timelines mean ballpark estimates and seat of the pants decisions.  No service provider will remain in business long if they sell a 5lb bag and consistently have 12lbs stuffed into it.  So estimates have to include an safety factor - tick tock. 

Short timelines mean work that can't consider many avenues of analysis - pick one or two and drive on - tick tock.

Short timelines mean that there often isn't time for a comprehensive preservation and collection plan, there isn't time for an agreement on a eDiscovery plan - tick tock.

What pattern have we noticed? We observe that when 'evidence' is considered early, when it is part of the normal 'routine' of opening a file, doing a conflict check, issuing a litigation hold, preserving the evidence, preforming an early case assessment of the evidence with experts - consistently the evidence gathered is more effective, the client generally pays far less and the case is stronger.

We are regularly asked to participate with short timelines.  We work fiendishly hard to be thorough, to be clever in our analysis and to create focused review sets and compelling reports and presentations.  It takes time and, like everyone, we have 24 hours every day and no more. 

We understand that sometimes short timelines are unavoidable, but where they can be avoided we can serve you and your client better. 

We would be delighted to help your firm establish a new case intake process that includes evidence.

Give us a call to get this critical element of every case on to your checklist.