Avoiding Surprises – How to Effectively Manage Corporate Spend in Litigation

In-house counsel frequently complain that outside counsel do not appreciate the importance of corporate budgeting and the need for realistic estimates of litigation costs. An optimistic estimate is often made at the beginning of the case and then after years of expensive litigation costs, the case results in an unexpectedly high settlement or verdict, leaving in-house counsel to deliver an unpleasant message to corporate leadership. But a “worst case scenario” estimate is not what in-house counsel are looking for either. They don’t want their “expectations managed.” They understand there is uncertain risk and that things change in litigation. What they want is for their case to be managed efficiently, effectively, and without surprises.

A panel of experienced in-house and outside counsel will explore opportunities to balance a realistic understanding of the needs of outside counsel to develop a successful but cost-efficient resolution of a case, with the needs of the client to have timely information to evaluate a reasonable outcome consistent with running its business.