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Ashley Kisner from Strasburger & Price, a solution provider at the marcus evans Chief Litigation Officer Summit Spring 2012, on controlling litigation costs. |
NEW YORK, Mar 13, 2012 - (ACN Newswire) - "Arbitration was previously seen as a cost saver, but we can now see that it is often not any cheaper to arbitrate issues than it is to handle them in court. Early mediation is a viable way to avoid costs when handling litigation," says Ashley Kisner, Partner, Strasburger & Price. It is often advisable to get the two parties together and have a serious settlement discussion before money is spent on filing suit, she adds.
From a solution provider company at the marcus evans Chief Litigation Officer Summit Spring 2012, taking place in Amelia Island, Florida, March 18-20, Kisner discusses how to keep costs down through mediation, e-discovery and alternative billing solutions.
- How should companies determine what should be kept in-house or outsourced?
When work is kept in-house, the attorney is naturally going to be more tuned-in to the business and the chain of reporting. There will be much more familiarity, and business executives may feel more comfortable working with their in-house lawyer.
Outside counsel, however, may be more objective and able to address the problem from a more global perspective, as they have experience in a variety of industries. Most routine parts of litigation should be entrusted to outside counsel. Outsourcing may involve more expense, but it should free up more time for the in-house lawyer to focus on strategic thinking and ways to create value for the business.
- How can Chief Litigation Officers drive down legal expenses?
The cost to arbitrate a case includes most of the same discovery expense, plus you still have to pay the arbitrator. Early mediation can be effective to avoid costs when handling litigation.
Another effective strategy is to carefully plan how a case should be handled before it gets too far down the road. Discuss whether in-house paralegals should collect the documents, who will be the key witnesses, who will be deposed and how many depositions will be needed. Explore when and how to involve experts. Having those conversations earlier can help avoid surprises and control costs.
- Is e-discovery still a viable solution for handling litigation?
Companies have lived with e-discovery for a while and most now have strategies for how they handle electronically stored information in litigation. The focus remains on identifying and locating relevant documents quickly and training people to retain them.
The developing issue is, when does the retention obligation end? The litigation may be over, but cases tend to overlap, so it is challenging to know when it is safe to resume normal document retention protocols. E-discovery vendors are becoming more efficient and cost effective, but there is still progress to be made.
- How can companies successfully implement alternative billing arrangements?
We have not seen a mass exodus away from the billable hour. Alternative fee arrangements seem to work best when there is enough history between in-house and outside counsel that a predictable and creative pricing structure can be implemented. Both sides must focus on the long term relationship, and not solely on one case. A long term focus will ensure that the client is well served and the fee arrangement is fair to both the client and the law firm.
About the Chief Litigation Officer Summit Spring 2012
This unique forum will take place at The Ritz-Carlton, Amelia Island, Florida, March 18-20, 2012. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on managing litigation, implementing innovative strategies to successfully manage multiple cases and reducing overall costs.
For more information please send an email to info@marcusevanscy.com or visit the event website at www.chieflitigationofficersummit.com/AshleyKisnerInterview
The Legal Network - marcus evans Summits group delivers peer-to-peer information on strategic matters, professional trends and breakthrough innovations.
LinkedIn: www.linkedin.com/groups?gid=3676301&trk=hb_side_g YouTube: www.youtube.com/user/MarcusEvansLegal Twitter: www.twitter.com/meSummitsLegal SlideShare: www.slideshare.net/MarcusEvansLegal marcus evans group - legal sector portal - http://tiny.cc/DHbg2b
Please note that the Summit is a closed business event and the number of participants strictly limited.
About Strasburger & Price, LLP
Strasburger & Price, LLP is a full-service law firm with offices in Austin, Collin County, Dallas, Houston, and San Antonio (as Strasburger Price Oppenheimer Blend), Texas, New York City, Washington, D.C., and through Strasburger & Price, S.C., Mexico City. Strasburger serves as a trusted adviser to publicly and privately held companies, entrepreneurs, governmental entities and individuals. Strasburger attorneys represent a variety of companies including start up, middle market and international corporations.
For more information about Strasburger, please visit: www.strasburger.com.
Contact:
Stacey Melvin
Journalist
marcus evans, Summits Division
Tel: +357-22-849-400
E-mail: press@marcusevanscy.com
Topic: Press release summary
Source: marcus evans Summits
Sectors: Trade Shows, Daily Finance
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