What's The Point? The Future Of Litigation

Early case assessment gains traction.

Litigation attorneys currently work within a conflict resolution system that is a losing situation for everyone involved—from claimants to defendants to attorneys (on both sides of the dispute). Everyone knows the drill: A lawsuit is filed by an attorney for a claimant; the defendant responds by hiring an attorney who prepares a pre-answer motion or files a formal answer to the complaint; issue is joined and the battle lines are drawn; an expensive and disruptive discovery phase ensues (that can typically last for years), motions are filed and arguments presented; a trial is scheduled, with costly advance preparations; on the eve of jury selection, serious negotiations ensue and the case is settled, often for an amount the defendant would have paid much earlier, or in excess of the amount which would have resolved the case much earlier, had the facts been efficiently collected and the matter treated as a business transaction